To link to the entire object, paste this link in email, IM or documentTo embed the entire object, paste this HTML in websiteTo link to this page, paste this link in email, IM or documentTo embed this page, paste this HTML in website

NORTH CAROLINA
REGISTER
Volume 18, Issue 11
Pages 824 - 900
December 1, 2003
This issue contains documents officially filed
through November 5, 2003.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
6714 Mail Service Center
Raleigh, NC 27699-6714
(919) 733-2678
FAX (919) 733-3462
Julian Mann III, Director
Camille Winston, Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Linda Dupree, Editorial Assistant
Dana Sholes, Editorial Assistant
Rhonda Wright, Editorial Assistant
IN THIS ISSUE
I. PROPOSED RULES
Environment and Natural Resources
Environmental Management Commission............. 824 - 829
Health Services, Commission for............................ 832 - 844
Wildlife Resources Commission.............................829 - 832
Licensing Boards
Cosmetic Art Examiners, Board of......................... 844 - 850
Dietetics/Nutrition. Board of.................................... 850 - 852
Opticians, Board of.................................................... 852 - 853
II. APPROVED RULES .................................................. 854 - 896
Administration
State Employees Combined Campaign
Administrative Hearings, Office of
Rules Division
Agriculture and Consumer Services
Standards Division
Veterinary Division
Environment and Natural Resources
Coastal Management
Environmental Management
Health and Human Services
Children's Services
Director, Division of Facility
Epidemiology Health
Personal Health
Insurance
Engineering and Building Codes Division
Justice
Criminal Justice Education and Training Standards
Licensing Boards
Dental Examiners, Board of
Locksmith Licensing Board
Medical Examiners, Board of
Pharmacy, Board of
Secretary of State
Securities Division
State Personnel, Office of
State Personnel Commission
Transportation
Highways, Division of
Motor Vehicle, Division of
III. CONTESTED CASE DECISIONS
Index to ALJ Decisions................................................. 897 - 900
For the CUMULATIVE INDEX to the NC Register go to:
http://oahnt.oah.state.nc.us/register/CI.pdf
North Carolina Register is published semi-monthly for $195 per year by the Office of Administrative Hearings, 424 North Blount Street, Raleigh, NC
27601. North Carolina Register (ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh, NC. POSTMASTER: Send Address changes to
the North Carolina Register, 6714 Mail Service Center, Raleigh, NC 27699-6714.
NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM
The North Carolina Administrative Code (NCAC) has four major classifications of rules. Three of these, titles, chapters, and sections are
mandatory. The major classification of the NCAC is the title. Each major department in the North Carolina executive branch of
government has been assigned a title number. Titles are further broken down into chapters which shall be numerical in order.
Subchapters are optional classifications to be used by agencies when appropriate.
NCAC TITLES TITLE 21
LICENSING BOARDS
TITLE 24
INDEPENDENT AGENCIES
1 ADMINISTRATION
2 AGRICULTURE & CONSUMER SERVICES
3 AUDITOR
4 COMMERCE
5 CORRECTION
6 COUNCIL OF STATE
7 CULTURAL RESOURCES
8 ELECTIONS
9 GOVERNOR
10A HEALTH AND HUMAN SERVICES
11 INSURANCE
12 JUSTICE
13 LABOR
14A CRIME CONTROL & PUBLIC SAFETY
15A ENVIRONMENT &NATURAL RESOURCES
16 PUBLIC EDUCATION
17 REVENUE
18 SECRETARY OF STATE
19A TRANSPORTATION
20 TREASURER
21* OCCUPATIONAL LICENSING BOARDS
22 ADMINISTRATIVE PROCEDURES
(REPEALED)
23 COMMUNITY COLLEGES
24* INDEPENDENT AGENCIES
25 STATE PERSONNEL
26 ADMINISTRATIVE HEARINGS
27 NC STATE BAR
28 JUVENILE JUSTICE AND DELINQUENCY
PREVENTION
1 Acupuncture
2 Architecture
3 Athletic Trainer Examiners
4 Auctioneers
6 Barber Examiners
8 Certified Public Accountant Examiners
10 Chiropractic Examiners
11 Employee Assistance Professionals
12 General Contractors
14 Cosmetic Art Examiners
16 Dental Examiners
17 Dietetics/Nutrition
18 Electrical Contractors
19 Electrolysis
20 Foresters
21 Geologists
22 Hearing Aid Dealers and Fitters
25 Interpreter/Transliterator (Reserved)
26 Landscape Architects
28 Landscape Contractors
29 Locksmith Licensing Board
30 Massage & Bodywork Therapy
31 Marital and Family Therapy
32 Medical Examiners
33 Midwifery Joint Committee
34 Funeral Service, Board of
36 Nursing
37 Nursing Home Administrators
38 Occupational Therapists
40 Opticians
42 Optometry
44 Osteopathic Examination (Repealed)
45 Pastoral Counselors, Fee-Based Practicing
46 Pharmacy
48 Physical Therapy Examiners
50 Plumbing, Heating & Fire Sprinkler
Contractors
52 Podiatry Examiners
53 Professional Counselors
54 Psychology Board
56 Professional Engineers & Land Surveyors
57 Real Estate Appraisal Board
58 Real Estate Commission
60 Refrigeration Examiners
61 Respiratory Care Board
62 Sanitarian Examiners
63 Social Work Certification
64 Speech & Language Pathologists &
Audiologists
65 Therapeutic Recreation Certification
66 Veterinary Medical Board
68 Substance Abuse Professionals
69 Soil Scientists
1 Housing Finance
2 Agricultural Finance Authority
3 Safety & Health Review
Board
4 Reserved
5 State Health Plan Purchasing
Alliance Board (Repealed)
Note: Title 21 contains the chapters of the various occupational licensing boards and Title 24 contains the chapters of independent agencies.
NORTH CAROLINA REGISTER
Publication Schedule for July 2003 – December 2003
FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY
RULES
Volume &
issue
number
Issue date Last day
for filing
Earliest date for
public hearing
End of required
comment
period
Deadline to submit
to RRC
for review at
next meeting
Earliest Eff.
Date of
Permanent Rule
Delayed Eff. Date of
Permanent Rule
(first legislative
day of the next
regular session)
270th day from publication
in the Register
17:13 01/02/03 12/06/02 01/17/03 03/03/03 03/20/03 05/01/03 05/10/04 09/29/03
17:14 01/15/03 12/19/02 01/30/03 03/17/03 03/20/03 05/01/03 05/10/04 10/12/03
17:15 02/03/03 01/10/03 02/18/03 04/04/03 04/21/03 06/01/03 05/10/04 10/31/03
17:16 02/17/03 01/27/03 03/04/03 04/21/03 04/21/03 06/01/03 05/10/04 11/14/03
17:17 03/03/03 02/10/03 03/18/03 05/02/03 05/20/03 07/01/03 05/10/04 11/28/03
17:18 03/17/03 02/24/03 04/01/03 05/16/03 05/20/03 07/01/03 05/10/04 12/12/03
17:19 04/01/03 03/11/03 04/16/03 06/02/03 06/20/03 08/01/03 05/10/04 12/27/03
17:20 04/15/03 03/25/03 04/30/03 06/16/03 06/20/03 08/01/03 05/10/04 01/10/04
17:21 05/01/03 04/09/03 05/16/03 06/30/03 07/21/03 09/01/03 05/10/04 01/26/04
17:22 05/15/03 04/24/03 05/30/03 07/14/03 07/21/03 09/01/03 05/10/04 02/09/04
17:23 06/02/03 05/09/03 06/17/03 08/01/03 08/20/03 10/01/03 05/10/04 02/27/04
17:24 06/16/03 05/23/03 07/01/03 08/15/03 08/20/03 10/01/03 05/10/04 03/12/04
18:01 07/01/03 06/10/03 07/16/03 09/02/03 09/22/03 11/01/03 05/10/04 03/27/04
18:02 07/15/03 06/23/03 07/30/03 09/15/03 09/22/03 11/01/03 05/10/04 04/10/04
18:03 08/01/03 07/11/03 08/16/03 09/30/03 10/20/03 12/01/03 05/10/04 04/27/04
18:04 08/15/03 07/25/03 08/30/03 10/14/03 10/20/03 12/01/03 05/10/04 05/11/04
18:05 09/02/03 08/11/03 09/17/03 11/03/03 11/20/03 01/01/04 05/10/04 05/29/04
18:06 09/15/03 08/22/03 09/30/03 11/14/03 11/20/03 01/01/04 05/10/04 06/11/04
18:07 10/01/03 09/10/03 10/16/03 12/01/03 12/22/03 02/01/04 05/10/04 06/27/04
18:08 10/15/03 09/24/03 10/30/03 12/15/03 12/22/03 02/01/04 05/10/04 07/11/04
18:09 11/03/03 10/13/03 11/18/03 01/02/04 01/20/04 03/01/04 05/10/04 07/30/04
18:10 11/17/03 10/24/03 12/02/03 01/16/04 01/20/04 03/01/04 05/10/04 08/13/04
18:11 12/01/03 11/05/03 12/16/03 01/30/04 02/20/04 04/01/04 05/10/04 08/27/04
18:12 12/15/03 11/20/03 12/30/03 02/13/04 02/20/04 04/01/04 05/10/04 09/10/04
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling.
Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be published twice
a month and contains the following information
submitted for publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by the Rules
Review Commission;
(5) notices of receipt of a petition for municipal
incorporation, as required by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S. Attorney
General concerning changes in laws affecting
voting in a jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as required by
G.S. 120-30.9H;
(8) orders of the Tax Review Board issued under
G.S. 105-241.2; and
(9) other information the Codifier of Rules
determines to be helpful to the public.
COMPUTING TIME: In computing time in the
schedule, the day of publication of the North Carolina
Register is not included. The last day of the period so
computed is included, unless it is a Saturday, Sunday,
or State holiday, in which event the period runs until
the preceding day which is not a Saturday, Sunday, or
State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on the first
and fifteen of each month if the first or fifteenth of
the month is not a Saturday, Sunday, or State holiday
for employees mandated by the State Personnel
Commission. If the first or fifteenth of any month is
a Saturday, Sunday, or a holiday for State employees,
the North Carolina Register issue for that day will be
published on the day of that month after the first or
fifteenth that is not a Saturday, Sunday, or holiday for
State employees.
LAST DAY FOR FILING: The last day for filing for any
issue is 15 days before the issue date excluding
Saturdays, Sundays, and holidays for State
employees.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING: The hearing
date shall be at least 15 days after the date a notice of
the hearing is published.
END OF REQUIRED COMMENT PERIOD
(1) RULE WITH NON-SUBSTANTIAL
ECONOMIC IMPACT: An agency shall accept
comments on the text of a proposed rule for at least
60 days after the text is published or until the date of
any public hearings held on the proposed rule,
whichever is longer.
(2) RULE WITH SUBSTANTIAL ECONOMIC
IMPACT: An agency shall accept comments on the
text of a proposed rule published in the Register and
that has a substantial economic impact requiring a
fiscal note under G.S. 150B-21.4(b1) for at least 60
days after publication or until the date of any public
hearing held on the rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES REVIEW
COMMISSION: The Commission shall review a rule
submitted to it on or before the twentieth of a month
by the last day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT REGULAR
SESSION OF THE GENERAL ASSEMBLY: This date is
the first legislative day of the next regular session of
the General Assembly following approval of the rule
by the Rules Review Commission. See G.S. 150B-
21.3, Effective date of rules.
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
824
Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency
must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a
later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published
notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60
days.
Statutory reference: G.S. 150B-21.2.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the DENR-Environmental Management Commission intends to
amend the rules cited as 15A NCAC 02B .0225, .0316.
Proposed Effective Date: May 1, 2004
Public Hearing:
Date: December 18, 2003
Time: 2:30 p.m.
Location: Ground Floor Hearing Room, Archdale Building,
512 N. Salisbury St., Raleigh, NC
Reason for Proposed Action: This rulemaking is proposed as
a result of House Bill 566. The proposed permanent rules will
amend the North Carolina Administrative Code (NCAC) to
reflect the appropriate ORW reclassification and management
strategy that were approved for theses waters by the North
Carolina General Assembly as a result of the legislative review
performed under the auspices of House Bill 566. These
proposed rules will assign the ORW classification and the ORQ
management strategy to the 14 miles of Sandy Creek and Swift
Creek that had been identified as possessing excellent water
quality. Furthermore, these proposed rules will assign the ORQ
management strategy to all the waters draining to these 14
miles.
Procedure by which a person can object to the agency on a
proposed rule: The purpose of this announcement is to
encourage those interested in this proposal to provide
comments. The EMC is very interested in all comments
pertaining to the proposed rules. It is very important that all
interested and potentially affected persons or parties make their
views known to the EMC whether in favor of or opposed to any
and all provisions of the proposed rules. You may attend the
public hearing and make relevant verbal comments. The
Hearing Officer may limit the length of time that you may speak
at the public hearing, if necessary, so that all those who wish to
speak may have an opportunity to do so. You may also submit
written comments, data or other relevant information by
February 1, 2003. Written comments may be submitted to
Elizabeth Kountis, DENR/Division of Water Quality, Planning
Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617,
Elizabeth.Kountis@ncmail.net, by calling Elizabeth Kountis at
(919) 733-5083 extension 369, or by fax to (919) 715-5637.
Written comments may be submitted to: Elizabeth Kountis,
DENR/Division of Water Quality, Planning Branch, 1617 Mail
Service Center, Raleigh, NC 27699-1617,
Elizabeth.Kountis@ncmail.net, by calling Elizabeth Kountis at
(919) 733-5083 extension 369, or by fax to (919) 715-5637.
Comment period ends: February 1, 2003
Procedure for Subjecting a Proposed Rule to Legislative
Review: Any person who objects to the adoption of a permanent
rule may submit written comments to the agency. A person may
also submit written objections to the Rules Review Commission.
If the Rules Review Commission receives written and signed
objections in accordance with G.S. 150B-21.3(b2) from 10 or
more persons clearly requesting review by the legislature and the
Rules Review Commission approves the rule, the rule will
become effective as provided in G.S. 150B-21.3(b1). The
Commission will receive written objections until 5:00 p.m. on
the 6th business day preceding the end of the month in which a
rule is approved. The Commission will receive those objections
by mail, delivery service, hand delivery, or facsimile
transmission. If you have any further questions concerning the
submission of objections to the Commission, please call a
Commission staff attorney at 919-733-2721.
Fiscal Impact
State
Local
Substantive (>$3,000,000)
None
CHAPTER 02 - ENVIRONMENTAL MANAGEMENT
SUBCHAPTER 02B - SURFACE WATER AND
WETLAND STANDARDS
SECTION .0200 - CLASSIFICATIONS AND WATER
QUALITY STANDARDS APPLICABLE TO SURFACE
WATERS AND WETLANDS OF NORTH CAROLINA
15A NCAC 02B .0225 OUTSTANDING RESOURCE
WATERS
(a) General In addition to the existing classifications, the
Commission may classify unique and special surface waters of
the state as outstanding resource waters (ORW) upon finding
that such waters are of exceptional state or national recreational
or ecological significance and that the waters have exceptional
water quality while meeting the following conditions:
(1) that the water quality is rated as excellent
based on physical, chemical or biological
information;
(2) the characteristics which make these waters
unique and special may not be protected by the
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
825
assigned narrative and numerical water quality
standards.
(b) Outstanding Resource Values In order to be classified as
ORW, a water body must exhibit one or more of the following
values or uses to demonstrate it is of exceptional state or national
recreational or ecological significance:
(1) there are outstanding fish (or commercially
important aquatic species) habitat and
fisheries;
(2) there is an unusually high level of water-based
recreation or the potential for such recreation;
(3) the waters have already received some special
designation such as a North Carolina or
National Wild and Scenic River, Native or
Special Native Trout Waters, National
Wildlife Refuge, etc, which do not provide any
water quality protection;
(4) the waters represent an important component
of a state or national park or forest; or
(5) the waters are of special ecological or
scientific significance such as habitat for rare
or endangered species or as areas for research
and education.
(c) Quality Standards for ORW
(1) Freshwater: Water quality conditions shall
clearly maintain and be maintained to protect
the outstanding resource values of waters
classified ORW. Management strategies to
protect resource values shall be developed on a
site specific basis during the proceedings to
classify waters as ORW. At a minimum, no
new discharges or expansions of existing
discharges shall be permitted, and stormwater
controls for all new development activities
requiring an Erosion and Sedimentation
Control Plan in accordance with rules
established by the NC Sedimentation Control
Commission or an appropriate local erosion
and sedimentation control program shall be
required to follow the stormwater provisions
as specified in 15A NCAC 2H .1000. Specific
stormwater requirements for ORW areas are
described in 15A NCAC 2H .1007.
(2) Saltwater: Water quality conditions shall
clearly maintain and be maintained to protect
the outstanding resource values of waters
classified ORW. Management strategies to
protect resource values shall be developed on a
site-specific basis during the proceedings to
classify waters as ORW. At a minimum, new
development shall comply with the stormwater
provisions as specified in 15A NCAC 2H
.1000. Specific stormwater management
requirements for saltwater ORWs are
described in 15A NCAC 2H .1007. New
non-discharge permits shall meet reduced
loading rates and increased buffer zones, to be
determined on a case-by-case basis. No
dredge or fill activities shall be allowed if
those activities would result in a reduction of
the beds of submerged aquatic vegetation or a
reduction of shellfish producing habitat as
defined in 15A NCAC 3I .0101(b)(20)(A) and
(B), except for maintenance dredging, such as
that required to maintain access to existing
channels and facilities located within the
designated areas or maintenance dredging for
activities such as agriculture. A public hearing
is mandatory for any proposed permits to
discharge to waters classified as ORW.
Additional actions to protect resource values shall be considered
on a site specific basis during the proceedings to classify waters
as ORW and shall be specified in Paragraph (e) of this Rule.
These actions may include anything within the powers of the
commission. The commission shall also consider local actions
which have been taken to protect a water body in determining
the appropriate state protection options. Descriptions of
boundaries of waters classified as ORW are included in
Paragraph (e) of this Rule and in the Schedule of Classifications
(15A NCAC 2B .0302 through 2B .0317) as specified for the
appropriate river basin and shall also be described on maps
maintained by the Division of Water Quality.
(d) Petition Process. Any person may petition the Commission
to classify a surface water of the state as an ORW. The petition
shall identify the exceptional resource value to be protected,
address how the water body meets the general criteria in
Paragraph (a) of this Rule, and the suggested actions to protect
the resource values. The Commission may request additional
supporting information from the petitioner. The Commission or
its designee shall initiate public proceedings to classify waters as
ORW or shall inform the petitioner that the waters do not meet
the criteria for ORW with an explanation of the basis for this
decision. The petition shall be sent to:
Director
DENR/Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The envelope containing the petition shall clearly bear the
notation: RULE-MAKING PETITION FOR ORW
CLASSIFICATION.
(e) Listing of Waters Classified ORW with Specific Actions
Waters classified as ORW with specific actions to protect
exceptional resource values are listed as follows:
(1) Roosevelt Natural Area [White Oak River
Basin, Index Nos. 20-36-9.5-(1) and
20-36-9.5-(2)] including all fresh and saline
waters within the property boundaries of the
natural area shall have only new development
which complies with the low density option in
the stormwater rules as specified in 15A
NCAC 2H .1005(2)(a) within 575 feet of the
Roosevelt Natural Area (if the development
site naturally drains to the Roosevelt Natural
Area).
(2) Chattooga River ORW Area (Little Tennessee
River Basin and Savannah River Drainage
Area): the following undesignated
waterbodies that are tributary to ORW
designated segments shall comply with
Paragraph (c) of this Rule in order to protect
the designated waters as per Rule .0203 of this
Section. However, expansions of existing
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
826
discharges to these segments shall be allowed
if there is no increase in pollutant loading:
(A) North and South Fowler Creeks;
(B) Green and Norton Mill Creeks;
(C) Cane Creek;
(D) Ammons Branch;
(E) Glade Creek; and
(F) Associated tributaries.
(3) Henry Fork ORW Area (Catawba River
Basin): the following undesignated
waterbodies that are tributary to ORW
designated segments shall comply with
Paragraph (c) of this Rule in order to protect
the designated waters as per Rule .0203 of this
Section:
(A) Ivy Creek;
(B) Rock Creek; and
(C) Associated tributaries.
(4) South Fork New and New Rivers ORW Area
[New River Basin (Index Nos. 10-1-33.5 and
10)]: the following management strategies, in
addition to the discharge requirements
specified in Subparagraph (c)(1) of this Rule,
shall be applied to protect the designated
ORW areas:
(A) Stormwater controls described in
Subparagraph (c)(1) of this Rule shall
apply to waters that are within one
mile and drain draining to the
designated ORW areas;
(B) New or expanded NPDES permitted
wastewater discharges located
upstream of the designated ORW
shall be permitted such that the
following water quality standards are
maintained in the ORW segment:
(i) the total volume of treated
wastewater for all upstream
discharges combined shall
not exceed 50 percent of the
total instream flow in the
designated ORW under
7Q10 conditions; conditions,
which are defined in Rule
.0206(a)(1) of this Section;
(ii) a safety factor shall be
applied to any chemical
allocation such that the
effluent limitation for a
specific chemical constituent
shall be the more stringent of
either the limitation
allocated under design
conditions (pursuant to 15A
NCAC 2B .0206) for the
normal standard at the point
of discharge, or the
limitation allocated under
design conditions for
one-half the normal standard
at the upstream border of the
ORW segment;
(iii) a safety factor shall be
applied to any discharge of
complex wastewater (those
containing or potentially
containing toxicants) to
protect for chronic toxicity
in the ORW segment by
setting the whole effluent
toxicity limitation at the
higher (more stringent)
percentage effluent
determined under design
conditions (pursuant to 15A
NCAC 2B .0206) for either
the instream effluent
concentration at the point of
discharge or twice the
effluent concentration
calculated as if the discharge
were at the upstream border
of the ORW segment;
(C) New or expanded NPDES permitted
wastewater discharges located
upstream of the designated ORW
shall comply with the following:
(i) Oxygen Consuming Wastes:
Effluent limitations shall be
as follows: BOD = 5 mg/1,
and NH3-N = 2 mg/1;
(ii) Total Suspended Solids:
Discharges of total
suspended solids (TSS) shall
be limited to effluent
concentrations of 10 mg/1
for trout waters and to 20
mg/1 for all other waters;
(iii) Emergency Requirements:
Failsafe treatment designs
shall be employed, including
stand-by power capability
for entire treatment works,
dual train design for all
treatment components, or
equivalent failsafe treatment
designs;
(iv) Nutrients: Where nutrient
overenrichment is projected
to be a concern, effluent
limitations shall be set for
phosphorus or nitrogen, or
both.
(5) Old Field Creek (New River Basin): the
undesignated portion of Old Field Creek (from
its source to Call Creek) shall comply with
Paragraph (c) of this Rule in order to protect
the designated waters as per Rule .0203 of this
Section.
(6) In the following designated waterbodies, no
additional restrictions shall be placed on new
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
827
or expanded marinas. The only new or
expanded NPDES permitted discharges that
shall be allowed shall be non-domestic,
non-process industrial discharges. The
Alligator River Area (Pasquotank River Basin)
extending from the source of the Alligator
River to the U.S. Highway 64 bridge including
New Lake Fork, North West Fork Alligator
River, Juniper Creek, Southwest Fork
Alligator River, Scouts Bay, Gum Neck Creek,
Georgia Bay, Winn Bay, Stumpy Creek Bay,
Stumpy Creek, Swann Creek (Swann Creek
Lake), Whipping Creek (Whipping Creek
Lake), Grapevine Bay, Rattlesnake Bay, The
Straits, The Frying Pan, Coopers Creek,
Babbitt Bay, Goose Creek, Milltail Creek,
Boat Bay, Sandy Ridge Gut (Sawyer Lake)
and Second Creek, but excluding the
Intracoastal Waterway (Pungo River-Alligator
River Canal) and all other tributary streams
and canals.
(7) In the following designated waterbodies, the
only type of new or expanded marina that shall
be allowed shall be those marinas located in
upland basin areas, or those with less than 10
slips, having no boats over 21 feet in length
and no boats with heads. The only new or
expanded NPDES permitted discharges that
shall be allowed shall be non-domestic,
non-process industrial discharges.
(A) The Northeast Swanquarter Bay Area
including all waters northeast of a
line from a point at Lat. 35E 23N
51O and Long. 76E 21N 02O thence
southeast along the Swanquarter
National Wildlife Refuge hunting
closure boundary (as defined by the
1935 Presidential Proclamation) to
Drum Point.
(B) The Neuse-Southeast Pamlico Sound
Area (Southeast Pamlico Sound
Section of the Southeast Pamlico,
Core and Back Sound Area); (Neuse
River Basin) including all waters
within an area defined by a line
extending from the southern shore of
Ocracoke Inlet northwest to the
Tar-Pamlico River and Neuse River
basin boundary, then southwest to
Ship Point.
(C) The Core Sound Section of the
Southeast Pamlico, Core and Back
Sound Area (White Oak River Basin),
including all waters of Core Sound
and its tributaries, but excluding
Nelson Bay, Little Port Branch and
Atlantic Harbor at its mouth, and
those tributaries of Jarrett Bay that
are closed to shellfishing.
(D) The Western Bogue Sound Section of
the Western Bogue Sound and Bear
Island Area (White Oak River Basin)
including all waters within an area
defined by a line from Bogue Inlet to
the mainland at SR 1117 to a line
across Bogue Sound from the
southwest side of Gales Creek to
Rock Point, including Taylor Bay and
the Intracoastal Waterway.
(E) The Stump Sound Area (Cape Fear
River Basin) including all waters of
Stump Sound and Alligator Bay from
marker Number 17 to the western end
of Permuda Island, but excluding
Rogers Bay, the Kings Creek
Restricted Area and Mill Creek.
(F) The Topsail Sound and Middle Sound
Area (Cape Fear River Basin)
including all estuarine waters from
New Topsail Inlet to Mason Inlet,
including the Intracoastal Waterway
and Howe Creek, but excluding Pages
Creek and Futch Creek.
(8) In the following designated waterbodies, no
new or expanded NPDES permitted discharges
and only new or expanded marinas with less
than 10 slips, having no boats over 21 feet in
length and no boats with heads shall be
allowed.
(A) The Swanquarter Bay and Juniper
Bay Area (Tar-Pamlico River Basin)
including all waters within a line
beginning at Juniper Bay Point and
running south and then west below
Great Island, then northwest to Shell
Point and including Shell Bay,
Swanquarter and Juniper Bays and
their tributaries, but excluding all
waters northeast of a line from a point
at Lat. 35E 23N 51O and Long. 76E
21N 02O thence southeast along the
Swanquarter National Wildlife
Refuge hunting closure boundary (as
defined by the 1935 Presidential
Proclamation) to Drum Point and also
excluding the Blowout Canal,
Hydeland Canal, Juniper Canal and
Quarter Canal.
(B) The Back Sound Section of the
Southeast Pamlico, Core and Back
Sound Area (White Oak River Basin)
including that area of Back Sound
extending from Core Sound west
along Shackleford Banks, then north
to the western most point of Middle
Marshes and along the northwest
shore of Middle Marshes (to include
all of Middle Marshes), then west to
Rush Point on Harker's Island, and
along the southern shore of Harker's
Island back to Core Sound.
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
828
(C) The Bear Island Section of the
Western Bogue Sound and Bear
Island Area (White Oak River Basin)
including all waters within an area
defined by a line from the western
most point on Bear Island to the
northeast mouth of Goose Creek on
the mainland, east to the southwest
mouth of Queen Creek, then south to
green marker No. 49, then northeast
to the northern most point on Huggins
Island, then southeast along the
shoreline of Huggins Island to the
southeastern most point of Huggins
Island, then south to the northeastern
most point on Dudley Island, then
southwest along the shoreline of
Dudley Island to the eastern tip of
Bear Island.
(D) The Masonboro Sound Area (Cape
Fear River Basin) including all waters
between the Barrier Islands and the
mainland from Carolina Beach Inlet
to Masonboro Inlet.
(9) Black and South Rivers ORW Area (Cape
Fear River Basin) [Index Nos. 18-68-(0.5),
18-68-(3.5), 18-68-(11.5), 18-68-12-(0.5),
18-68-12-(11.5), and 18-68-2]: the following
management strategies, in addition to the
discharge requirements specified in
Subparagraph (c)(1) of this Rule, shall be
applied to protect the designated ORW areas:
(A) Stormwater controls described in
Subparagraph (c)(1) of this Rule shall
apply within one mile and drain
draining to the designated ORW
areas;
(B) New or expanded NPDES permitted
wastewater discharges located one
mile upstream of the stream segments
designated ORW (upstream on the
designated mainstem and upstream
into direct tributaries to the
designated mainstem) shall comply
with the following discharge
restrictions:
(i) Oxygen Consuming Wastes:
Effluent limitations shall be
as follows: BOD = 5 mg/l
and NH3-N = 2 mg/l;
(ii) Total Suspended Solids:
Discharges of total
suspended solids (TSS) shall
be limited to effluent
concentrations of 20 mg/l;
(iii) Emergency Requirements:
Failsafe treatment designs
shall be employed, including
stand-by power capability
for entire treatment works,
dual train design for all
treatment components, or
equivalent failsafe treatment
designs;
(iv) Nutrients: Where nutrient
overenrichment is projected
to be a concern, effluent
limitations shall be set for
phosphorus or nitrogen, or
both.
(v) Toxic substances: In cases
where complex discharges
(those containing or
potentially containing
toxicants) may be currently
present in the discharge, a
safety factor shall be applied
to any chemical or whole
effluent toxicity allocation.
The limit for a specific
chemical constituent shall be
allocated at one-half of the
normal standard at design
conditions. Whole effluent
toxicity shall be allocated to
protect for chronic toxicity
at an effluent concentration
equal to twice that which is
acceptable under flow design
criteria (pursuant to 15A
NCAC 2B .0206).
(10) Lake Waccamaw ORW Area (Lumber River
Basin) [Index No. 15-2]: all undesignated
waterbodies that are tributary to Lake
Waccamaw shall comply with Paragraph (c) of
this Rule in order to protect the designated
waters as per Rule .0203 of this Section.
(11) Swift Creek and Sandy Creek ORW Area
(Tar-Pamlico River Basin) [portion of Index
No. 28-78-(0.5) and Index No. 28-78-1-(14)]:
all undesignated waterbodies that drain to the
designated waters shall comply with Paragraph
(c) of this Rule in order to protect the
designated waters as per Rule .0203 of this
Section and to protect outstanding resource
values found in the designated waters as well
as in the undesignated waters that drain to the
designated waters.
Authority G.S. 143-214.1.
SECTION .0300 - ASSIGNMENT OF STREAM
CLASSIFICATIONS
15A NCAC 02B .0316 TAR-PAMLICO RIVER BASIN
(a) The schedule may be inspected at the following places:
(1) Clerk of Court:
Beaufort County
Dare County
Edgecombe County
Franklin County
Granville County
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
829
Halifax County
Hyde County
Martin County
Nash County
Pamlico County
Person County
Pitt County
Vance County
Warren County
Washington County
Wilson County
(2) North Carolina Department of Environment, Health,
Environment and Natural Resources:
(A) Raleigh Regional Office
3800 Barrett Drive
Raleigh, North Carolina
(B) Washington Regional Office
1424 Carolina Avenue
943 Washington Square Mall
Washington, North Carolina.
(b) Unnamed Streams. All drainage canals not noted in the
schedule are classified "C Sw," except the main drainage canals
to Pamlico Sound and its bays which shall be classified "SC."
(c) The Tar-Pamlico River Basin Schedule of Classification and
Water Quality Standards was amended effective:
(1) March 1, 1977;
(2) November 1, 1978;
(3) June 8, 1980;
(4) October 1, 1983;
(5) June 1, 1984;
(6) August 1, 1985;
(7) February 1, 1986;
(8) August 1, 1988;
(9) January 1, 1990;
(10) August 1, 1990;
(11) August 3, 1992;
(12) April 1, 1994;
(13) January 1, 1996;
(14) September 1, 1996. 1996;
(15) October 2, 2003;
(16) May 1, 2004.
(d) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin has been amended
effective August 1, 1988 as follows:
(1) Tar River (Index No. 28-94) from a point 1.2
miles downstream of Broad Run to the
upstream side of Tranters Creek from Class C
to Class B.
(e) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin has been amended
effective January 1, 1990 by the reclassification of Pamlico
River and Pamlico Sound [Index No. 29-(27)] which includes all
waters within a line beginning at Juniper Bay Point and running
due south to Lat. 35° 18' 00", long. 76° 13' 20", thence due west
to lat. 35° 18' 00", long 76° 20' 00", thence northwest to Shell
Point and including Shell Bay, Swanquarter and Juniper Bays
and their tributaries, but excluding the Blowout, Hydeland
Canal, Juniper Canal and Quarter Canal were reclassified from
Class SA and SC to SA ORW and SC ORW.
(f) The Schedule of Classifications and Water Quality Standards
for the Tar-Pamlico River Basin has been amended effective
January 1, 1990 by adding the supplemental classification NSW
(Nutrient Sensitive Waters) to all waters in the basin from source
to a line across Pamlico River from Roos Point to Persimmon
Tree Point.
(g) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin was amended
effective August 3, 1992 with the reclassification of all water
supply waters (waters with a primary classification of WS-I,
WS-II or WS-III). These waters were reclassified to WS-I, WS-II,
WS-III, WS-IV or WS-V as defined in the revised water
supply protection rules, (15A NCAC 2B .0100, .0200 and .0300)
which became effective on August 3, 1992. In some cases,
streams with primary classifications other than WS were
reclassified to a WS classification due to their proximity and
linkage to water supply waters. In other cases, waters were
reclassified from a WS classification to an alternate appropriate
primary classification after being identified as downstream of a
water supply intake or identified as not being used for water
supply purposes.
(h) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin was amended
effective April 1, 1994 with the reclassification of Blounts Creek
from Herring Run to Blounts Bay [Index No. 29-9-1-(3)] from
Class SC NSW to Class SB NSW.
(i) The Schedule of Classifications and Water Quality Standards
for the Tar-Pamlico River Basin was amended effective January
1, 1996 with the reclassification of Tranters Creek [Index
Numbers 28-103- (4.5), 28-103- (13.5), 28-103- (14.5) and
28-103-(16.5)] from a point 1.5 miles upstream of Turkey
Swamp to the City of Washington's former auxiliary water
supply intake, including tributaries, from Class WS-IV Sw NSW
and Class WS-IV CA Sw NSW to Class C Sw NSW.
(j) The Schedule of Classifications and Water Quality Standards
for the Tar-Pamlico River Basin was amended effective
September 1, 1996 with the addition of Huddles Cut (previously
unnamed in the schedule) classified as SC NSW with an Index
No. of 29-25.5.
(k) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin was temporarily
amended effective October 7, 2003 and permanently amended
May 1, 2004 with the reclassification of a portion of Swift Creek
[Index Number 28-78-(0.5)] and a portion of Sandy Creek
[Index Number 28-78-1-(14)] fro m Nash County SR 1004 to
Nash County SR 1003 from Class C NSW to Class C ORW
NSW, and the waters that drain to these two creek portions to
include only the ORW management strategy as represented by
"+". The "+" symbol as used in this Paragraph means that all
undesignated waterbodies that drain to the portions of the two
creeks referenced in this Paragraph shall comply with Paragraph
(c) of Rule .0225 of this Subchapter in order to protect the
designated waters as per Rule .0203 of this Subchapter and to
protect outstanding resource values found in the designated
waters as well as in the undesignated waters that drain to the
designated waters.
Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1).
* * * * * * * * * * * * * * * * * * * *
Notice is hereby given in accordance with G.S. 150B-21.2 that
the NC Wildlife Resources Commission intends to adopt the
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
830
rules cited as 15A NCAC 10F .0324, .0369-.0370 and amend the
rules cited as 15A NCAC 10F .0317-.0318, .0333, .0347.
Proposed Effective Date: May 1, 2004
Public Hearing:
Date: January 30, 2004
Time: 9:00 a.m.
Location: Archdale Building, Room 332, 3rd floor, 512 N.
Salisbury St., Raleigh, NC
Reason for Proposed Action:
15A NCAC 10F .0317 – To establish a no wake zone within
Stanly County.
15A NCAC 10F .0318 – To establish a no wake zone within
Warren County.
15A NCAC 10F .0324 – To establish a no wake zone within
Davidson County.
15A NCAC 10F .0333 – To establish a no wake zone at Lake
Wylie (between Mecklenburg and Gaston Counties).
15A NCAC 10F .0347 – To establish a no wake zone within
Craven County.
15A NCAC 10F .0369 – To establish a no wake zone within
Swansboro.
15A NCAC 10F .0370 – To establish an exclusionary zone
within territorial jurisdiction of the City of Rocky Mount.
Procedure by which a person can object to the agency on a
proposed rule: Notification of Joan Troy, 1701 Mail Service
Center, Raleigh, NC 27699-1701 or email
joan.troy@ncwildlife.org prior to close of comment period on
February 16, 2004.
Written comments may be submitted to: Joan Troy, 1701
Mail Service Center, Raleigh, NC 27699-1701.
Comment period ends: February 16, 2004
Procedure for Subjecting a Proposed Rule to Legislative
Review: Any person who objects to the adoption of a permanent
rule may submit written comments to the agency. A person may
also submit written objections to the Rules Review Commission.
If the Rules Review Commission receives written and signed
objections in accordance with G.S. 150B-21.3(b2) from 10 or
more persons clearly requesting review by the legislature and the
Rules Review Commission approves the rule, the rule will
become effective as provided in G.S. 150B-21.3(b1). The
Commission will receive written objections until 5:00 p.m. on
the 6th business day preceding the end of the month in which a
rule is approved. The Commission will receive those objections
by mail, delivery service, hand delivery, or facsimile
transmission. If you have any further questions concerning the
submission of objections to the Commission, please call a
Commission staff attorney at 919-733-2721.
Fiscal Impact
State
Local
Substantive (>$3,000,000)
None
CHAPTER 10 - WILDLIFE RESOURCES AND WATER
SAFETY
SUBCHAPTER 10F - MOTORBOATS AND WATER
SAFETY
SECTION .0300 - LOCAL WATER SAFETY
REGULATIONS
15A NCAC 10F .0317 STANLY COUNTY
(a) Regulated Areas. This Rule applies to the following waters
and portions of waters described as follows:
(1) Narrows Reservoir (Badin Lake);
(1) Badin Lake;
(A) Narrows Reservoir.
(B) The mouth of the cove located on the
main channel in the Old Whitney
portion of Badin Lake .
(2) Lake Tillery;
(A) Turner Beach Cove as delineated by
appropriate markers.
(B) Mountain Creek Cove as delineated
by appropriate markers
(b) Speed Limit Near Ramps. No person shall operate a vessel
at greater than no-wake speed within 50 yards of any public boat
launching ramp while on the waters of a regulated area described
in Paragraph (a) of this Rule.
(c) Restricted Swimming Areas. No person operating or
responsible for the operation of a vessel shall permit it to enter
any marked public swimming area established with the approval
of the Executive Director, or his representative, on the waters of
a regulated area described in Paragraph (a) of this Rule.
(d) Speed Limit. No person shall operate a vessel at greater
than no-wake speed within any of the regulated area described in
Paragraph (a) of this Rule:
(e) Placement and Maintenance of Markers. The Board of
Commissioners of Stanly County is hereby designated a suitable
agency for placement and maintenance of the markers
implementing this Rule in accordance with the Uniform System.
Authority G.S. 75A-3; 75A-15.
15A NCAC 10F .0318 WARREN COUNTY
(a) Regulated Area. This Rule applies only to that portion of
Lake Gaston which lies within the boundaries of Warren
County.
(b) Speed Limit Near Ramps. No person shall operate a vessel
at greater than no-wake speed within 50 yards of any public boat
launching ramp while on the waters of Gaston Lake in Warren
County.
(c) Speed Limit in Mooring Areas. No person shall operate a
vessel at greater than no-wake speed while within a lawfully
marked mooring area established with the approval of the
Executive Director, or his representative, on the waters of
Gaston Lake in Warren County.
(d) Restricted Swimming Areas. No person operating or
responsible for the operation of a vessel shall permit it to enter
any lawfully marked public swimming area established with the
approval of the Executive Director, or his representative, on the
waters of Gaston Lake in Warren County.
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
831
(e) Speed Limit in Specific Zones. No person shall operate a
vessel at greater than no-wake speed within 50 yards of the
following marked zone located on the regulated area described
in Paragraph (a) of this Rule: the entrance of the Camp Willow
Run Canoe/Sail Cove.Cove; and the shoreline of the Mariner's
Cove Subdivision 50 yards across State Road 1498 off
Hubquarter Creek on Lake Gaston.
(f) Placement and Maintenance of Markers. The Board of
Commissioners of Warren County is designated a suitable
agency for placement and maintenance of the markers
implementing this Rule, subject to the approval of the United
States Coast Guard and the United States Army Corps of
Engineers. With regard to marking Gaston Lake, all of the
supplementary standards listed in Rule .0301(g) of this Section
shall apply.
Authority G.S. 75A-3; 75A-15.
15A NCAC 10F .0324 DAVIDSON COUNTY
(a) Regulated Areas. This Rule applies only to those portions of
High Rock Lake, Tuckertown Lake, and Badin Lake which lie
within the boundaries of Davidson County.
(b) Speed Limit. No person shall operate a vessel at greater
than no-wake speed:speed within 50 yards of any marked public
boat launching ramp, bridge, dock, marina, boat storage
structure, boat service area or pier while on the waters of High
Rock Lake, Tuckertown Lake, and Badin Lake in Davidson
County.
(1) within 50 yards of any marked public boat
launching ramp, bridge, dock, marina, boat
storage structure, boat service area or pier
while on the waters of High Rock Lake,
Tuckertown Lake, and Badin Lake in
Davidson County; or
(2) within 50 yards on either side of the buoy
located between lots 19 and 39 Silver Hill
Township in the middle of Hi-Roc Shores
Cove.
(c) Speed Limit in Mooring Areas. No person shall operate a
vessel at greater than no-wake speed while within a marked
mooring area established with the approval of the Executive
Director, or his representative, on the waters of High Rock Lake,
Tuckertown Lake, and Badin Lake in Davidson County.
(d) Speed Limit at Mouth of Cove. No person shall operate a
vessel at greater than no-wake speed while within 50 yards on
either side of the mouth of Beaver Dam Creek Cove located on
Badin Lake or in Abbotts Creek Cove of High Rock Lake as
delineated by appropriate markers.
(e) Restricted Swimming Areas. No person operating or
responsible for the operation of a vessel shall permit it to enter
any marked public swimming area established with the approval
of the Executive Director, or his representative, on the waters of
High Rock Lake, Tuckertown Lake, and Badin Lake in
Davidson County.
(f) Placement and Maintenance of Markers. The Board of
Commissioners of Davidson County is designated a suitable
agency for placement and maintenance of the markers
implementing this Rule, subject to the approval of the United
States Coast Guard and the United States Army Corps of
Engineers, if applicable. With regard to marking the regulated
areas described in Paragraph (a) of this Rule, all of the
supplementary standards listed in Rule .0301(g) of this Section
shall apply.
Authority G.S. 75A-3; 75A-15.
15A NCAC 10F .0333 MECKLENBURG AND GASTON
COUNTIES
(a) Regulated Areas. This Rule applies to the following waters
of Lake Wylie in Mecklenburg and Gaston Counties:
(1) McDowell Park – The waters of the coves
adjoining McDowell Park and the Southwest
Nature Preserve in Mecklenburg County,
including the entrances to the coves on either
side of Copperhead Island;
(2) Gaston County Wildlife Club Cove – The
waters of the cove at the Gaston County
Wildlife Club on South Point Peninsula in
Gaston County;
(3) Buster Boyd Bridge- The areas 250 feet to the
north and 150 feet to the south of the Buster
Boyd Bridge;
(4) Highway 27 Bridge – The area beginning 50
yards north of the NC 27 Bridge and extending
50 yards south of the southernmost of two
railroad trestles immediately downstream from
the NC 27 Bridge;
(5) Brown's Cove – The area beginning at the
most narrow point of the entrance to Brown’s
Cove and extending 250 feet in both
directions; and directions;
(6) Paradise Point Cove – The waters of the
Paradise Point Cove between Paradise Circle
and Lakeshore Drive as delineated by
appropriate markers. markers; and
(7) Withers Cove - The area 50 feet on either side
of Withers Bridge.
(b) Speed Limit Near Ramps. No person shall operate a vessel
at greater than no-wake speed within 50 yards of any public
boat-launching ramp in Mecklenburg County.
(c) Speed Limit Near Piers. No person shall operate a vessel at
greater than no-wake speed limit within 50 yards of any pier
operated by Mecklenburg County for public use.
(d) Speed Limit in Mooring Areas. No person shall operate a
vessel at greater than no-wake speed while within a marked
mooring area established in Mecklenburg County with the
approval of the Executive Director, or his representative.
(e) Speed Limit. No person shall operate a vessel at greater
than no-wake speed within any of the regulated areas described
in Paragraph (a) of this Rule.
(f) Restricted Swimming Areas. No person operating a vessel
shall permit it to enter any marked swimming area established in
Mecklenburg County with the approval of the Executive
Director, or his representative.
(g) Speed Limit Near Boating Facilities. No person shall
operate a vessel at greater than no-wake speed within 50 yards of
any boat launching ramp, dock, pier, marina, boat storage
structure or boat service area on that part of Lake Wylie,
including the South Fork River arm, which is located in Gaston
County.
(h) Placement and Maintenance of Markers. The Boards of
Commissioners of Mecklenburg County and Gaston County are
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
832
designated suitable agencies for placement and maintenance of
markers implementing this Rule, subject to the approval of the
United States Coast Guard and the United States Army Corps of
Engineers. With regard to marking the restricted zones indicated
in this Rule, all of the supplementary standards listed in Rule
.0301(g) of this Section shall apply.
Authority G.S. 75A-3; 75A-15.
15A NCAC 10F .0347 CRAVEN COUNTY
(a) Regulated Areas. This Rule applies to the following waters
in Craven County:
(1) that portion of Northwest Creek between the
entrance buoys at Fairfie ld Harbour Marina
and the mouth of Spring Creek, and to all of
Spring Creek, including the bulkheaded area
of Fairfield Harbour, in Craven County;
(2) that area of water between the entrance buoys
of the Olde Towne Lake, from the Trent River
and including all of Olde Towne Lake and the
bulkhead area of Olde Towne Harbour itself;
(3) Matthews Point Marina. That triangular
portion within 300 feet on either side and 150
feet straight off of the main pier at Matthews
Point Marina located on Clubfoot and Mitchell
Creeks, at the end of SR 1711 in the Harlowe
area of Craven County;
(4) that area of water within 50 yards of the fuel
dock at Eastern Carolina Yacht Club. Club;
and
(5) within the curve at the public dock in Brices
Creek adjacent to Creekside Park.
(b) Speed Limit. No person shall operate any vessel at greater
than no-wake speed within the regulated areas described in
Paragraph (a) of this Rule.
(c) Green Springs Boys Club Swimming Area - No person shall
operate a vessel within the Green Springs Boys Club Swimming
Area along the Neuse River as designated by marker buoys and
float lines.
(d) Placement and Maintenance of Markers. The Board of
Commissioners of Craven County is hereby designated a
suitable agency for placement and maintenance of the markers
implementing this Rule, subject to the approval of the United
States Coast Guard and the United States Army Corps of
Engineers.
Authority G.S. 75A-3; 75A-15.
15A NCAC 10F .0369 TOWN OF SWANSBORO
(a) Regulated Area. This Rule applies to the waters of the New
River from the Highway 24 bridge southward toward Casper's
Marina, approximately 50 yards from the east shoreline of the
Swansboro Town limits and marked by buoys.
(b) Speed Limit. No person shall operate any motorboat or
vessel at greater than no-wake speed within any of the regulated
area described in Paragraph (a) of this Rule.
(c) Placement and Maintenance of Markers. The Town of
Swansboro is designated a suitable agency for placement and
maintenance of the markers implementing this Rule.
Authority G.S. 71A-15; 72A-3.
15A NCAC 10F .0370 CITY OF ROCKY MOUNT
(a) Regulated Areas. This Rule applies to the area 100 yards
upstream from North Carolina SR 43 Bridge, also known as the
Peachtree Street Bridge, to the edge of the Rocky Mount Mill
Dam on the Tar River.
(b) Swimming or boating. No swimming or other entry of a
person in or upon a boat, raft or other floating object shall be
permitted within the exclusion zone established in Paragraph (a)
of this Rule.
(c) Paragraph (b) of this Rule shall not apply to persons who,
with consent of the City of Rocky Mount, require access for the
purpose of maintaining or repairing facilities associated with the
Rocky Mount Mill Dam or the Rocky Mount Mill.
(d) Placement and Maintenance of Markers. The city of Rocky
Mount, is designated as a suitable entity for placement and
maintenance of buoys and other signs indicating the areas in
which boating and swimming are prohibited by this Rule.
Authority G.S. 75A-3; 75A-15.
* * * * * * * * * * * * * * * * * * * *
Notice is hereby given in accordance with G.S. 150B-21.2 that
the DENR – Commission for Health Services intends to amend
the rules cited as 15A NCAC 18A .1935, .1942, .1969.
Proposed Effective Date: April 1, 2004
Public Hearing:
Date: January 15, 2004
Time: 10:00 a.m.
Location: DEH Training Room 1A 224, Parker Lincoln
Building, 2728 Capital Blvd.
Reason for Proposed Action: Rules .1935 and .1942 are
proposed for amendment based on a recommended decision and
final agency decision in Stephenson v. DENR to adopt
temporary rules and a subsequent petition to the Commission for
Health Services to amend the temporary rule and finally, to
adopt a permanent rule that incorporates methods and
procedures for the uniform determination of soil wetness for
sites that are monitored, modeled, or a combination for the
determination of a reasonable seasonally high water table. Rule
.1969 is proposed for technical amendment as required in G.S.
130A-343 as amended by the NC General Assembly for the
approval of experimental, controlled demonstration, innovative,
and accepted wastewater systems, components, and devices.
Procedure by which a person can object to the agency on a
proposed rule: Persons may submit objections to these Rules
by contacting Steve J. Steinbeck, 1642 Mail Service Center,
Raleigh, NC 27699-1642, voice mail (919) 715-3273, fax (919)
715-3227, and email steve.steinbeck@ncmail.net.
Written comments may be submitted to: Steve J. Steinbeck,
1642 Mail Service Center, Raleigh, NC 27699-1642, phone
(919) 715-3273 or 1-800-9SEWAGE, fax (919) 715-3227, and
email steve.steinbeck@ncmail.net.
Comment period ends: January 30, 2004
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
833
Procedure for Subjecting a Proposed Rule to Legislative
Review: Any person who objects to the adoption of a permanent
rule may submit written comments to the agency. A person may
also submit written objections to the Rules Review Commission.
If the Rules Review Commission receives written and signed
objections in accordance with G.S. 150B-21.3(b2) from 10 or
more persons clearly requesting review by the legislature and the
Rules Review Commission approves the rule, the rule will
become effective as provided in G.S. 150B-21.3(b1). The
Commission will receive written objections until 5:00 p.m. on
the 6th business day preceding the end of the month in which a
rule is approved. The Commission will receive those objections
by mail, delivery service, hand delivery, or facsimile
transmission. If you have any further questions concerning the
submission of objections to the Commission, please call a
Commission staff attorney at 919-733-2721.
Fiscal Impact
State
Local
Substantive (>$3,000,000)
None
CHAPTER 18 - ENVIRONMENTAL HEALTH
SUBCHAPTER 18A – SANITATION
SECTION .1900 - SEWAGE TREATMENT AND
DISPOSAL SYSTEMS
15A NCAC 18A .1935 DEFINITIONS
The following definitions shall apply throughout this Section:
(1) "Alluvial Soils" means stratified soils without
distinct horizons, deposited by flood waters.
(2) "Alternative System" means any approved
ground absorption sewage treatment and
disposal system other than an approved privy
or an approved septic tank system.
(3) "Approved" means that which has been
considered acceptable to the State or local
health department.
(4) "Approved Privy" means a fly-tight structure
consisting of a pit, floor slab, and seat riser
constructed in accordance with Rule .1959 of
this Section.
(5) "Approved Public or Community Sewage
System" means a single system of sewage
collection, treatment, and disposal owned and
operated by a sanitary district, a metropolitan
sewage district, a water and sewer authority, a
county or municipality, or a public utility,
constructed and operated in compliance with
applicable requirements of the Division of
Environmental Management.
(6) "Areas subject to frequent flooding" means
those areas inundated at a 10-year or less
frequency and includes alluvial soils and areas
subject to tidal or storm overwash.
(7) "Collection sewer" means gravity flow
pipelines, force mains, effluent supply lines,
and appliances appurtenant thereto, used for
conducting wastes from building drains to a
treatment system or to a ground absorption
sewage treatment and disposal system.
(8) "Designated wetland" means an area on the
land surface established under the provisions
of the Coastal Area Management Act or the
Federal Clean Water Act.
(9) "Design unit" means one or more dwelling
units, places of business, or places of public
assembly on:
(a) a single lot or tract of land;
(b) multip le lots or tracts of land served
by a common ground absorption
sewage treatment and disposal
system; or
(c) a single lot or tract of land or multiple
lots or tracts of land where the
dwelling units, places of business or
places of public assembly are under
multiple ownership (e.g.
condominiums) and are served by a
ground absorption system or multiple
ground absorption systems which are
under common or joint ownership or
control.
(10) "Dwelling unit" means any room or group of
rooms located within a structure and forming a
single, habitable unit with facilities which are
used or intended to be used for living,
sleeping, bathing, toilet usage, cooking, and
eating.
(11) "Effluent" means the liquid discharge of a
septic tank or other sewage treatment device.
(12) "Estimated saturated hydraulic conductivity" -
means a saturated hydraulic conductivity value
based upon the soil profile evaluation and
description of the soil texture, soil structure,
soil consistency, soil pores, and roots
following the procedures in Field Book for
Describing and Sampling of Soils, NRCS,
USDA and comparison to soil profile saturated
hydraulic conductivity data for soil input files
for similar soils. The Field Book is hereby
incorporated by reference, including any
subsequent amendments and editions, in
accordance with G.S. 150B-21.6. Copies of the
Field Book may be inspected at the Division of
Environmental Health Raleigh Office, 2728
Capital Boulevard, Raleigh, 27604, and copies
may be downloaded at no cost from the
internet at
http://soils.usda.gov/procedures/field_bk/main.
htm#intro, or obtained from the National Soil
Survey Center, MS 34, Room 152,100
Centennial Mall North, Lincoln, NE 68508-
3866.
(12)(13) "Ground absorption sewage treatment and
disposal system" means a system that utilizes
the soil for the subsurface disposal of partially
treated or treated sewage effluent.
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
834
(13)(14) "Horizon" means a layer of soil, approximately
parallel to the surface, that has distinct
characteristics produced by soil forming
processes.
(15) "Horizon subdivision" - means a portion of a
horizon, approximately parallel to the surface
that has distinct characteristics produced by
soil forming processes.
(16) "Lateral water movement" - means the
movement of water down slope on sites of at
least a four percent slope and above a less
permeable horizon, and as observed
periodically in bore holes, excavations, or
monitoring wells.
(14)(17) "Local health department" means any county,
district, or other health department authorized
to be organized under the General Statutes of
North Carolina.
(18) "Matrix" - means a volume equivalent to 50
percent or greater of the total volume of a
horizon or horizon subdivision.
(15)(19) "Mean high water mark" means, for coastal
waters having six inches or more lunar tidal
influence, the average height of the high water
over a 19 year period as may be ascertained
from National Ocean Survey or U.S. Army
Corps of Engineers tide stations data or as
otherwis e determined under the provisions of
the Coastal Area Management Act.
(20) "Mottle" - means a feature(s) which occupies
less than 50 percent of the total volume of a
horizon or horizon subdivision.
(16)(21) "Naturally occurring soil" means soil formed
in place due to natural weathering processes
and being unaltered by filling, removal, or
other man-induced changes other than tillage.
(17)(22) "Nitrification field" means the area in which
the nitrification lines are located.
(18)(23) "Nitrification lines" means approved pipe,
specially designed porous blocks, or other
approved materials which receive partially
treated sewage effluent for distribution and
absorption into the soil beneath the ground
surface.
(19)(24) "Nitrification trench", also referred to as a
sewage absorption trench, means a ditch into
which a single nitrification line is laid and
covered by soil.
(20)(25) "Non-ground absorption sewage treatment
system" means a facility for waste treatment
designed not to discharge to the soil, land
surface, or surface waters, including but not
limited to, approved vault privies, incinerating
toilets, mechanical toilets, composting toilets,
chemical toilets, and recycling systems.
(21)(26) "Organic soils" means those organic mucks
and peats consisting of more than 20 percent
organic matter (by dry weight) and 18 inches
or greater in thickness.
(22)(27) "Parent material" means the mineral matter
that is in its present position through
deposition by water, wind, gravity or by
decomposition of rock and exposed at the land
surface or overlain by soil or saprolite.
(23)(28) "Ped" means a unit of soil structure, such as an
aggregate, crumb, prism, block, or granule
formed by natural processes.
(24)(29) "Perched water table" means a saturated soil
horizon or horizon subdivision, with a free
water surface periodically observed in a bore
hole or shallow monitoring well, but generally
above the normal water table, or may be as
identified by drainage mottles or
redoximorphic features, and caused by a less
permeable lower horizon.
(25)(30) "Person" means any individual, firm,
association, organization, partnership, business
trust, corporation, company, or unit of local
government.
(26)(31) "Place of business" means any store,
warehouse, manufacturing establishment,
place of amusement or recreation, service
station, foodhandling establishment, or any
other place where people work or are served.
(27)(32) "Place of public assembly" means any
fairground, auditorium, stadium, church,
campground, theater, school, or any other
place where people gather or congregate.
(28)(33) "Privy building" means and includes any and
all buildings which are used for privacy in the
acts of urination and defecation which are
constructed over pit privies and are not
connected to a ground absorption sewage
treatment and disposal system or a public or
community sewage system.
(29)(34) "Public management entity" means a city (G.S.
160A, Article 16), county (G.S. 153A, Article
15), interlocal contract (G.S. 153A, Article
16), joint management agency (G.S. 160A-461
-462), county service district (G.S. 153A,
Article 16), county water and sewer district
(G.S. 162A, Article 6), sanitary district (G.S.
130A, Article 2), water and sewer authority
(G.S. 162A, Article 1), metropolitan water
district (G.S. 162A, Article 4), metropolitan
sewerage district (G.S. 162A, Article 5),
public utility [G.S. 62-3(23)], county or
district health department (G.S. 130A, Article
2), or other public entity legally authorized to
operate and maintain on-site sewage systems.
(35) "Redoximorphic features" - means a color
pattern of a horizon or horizon subdivision due
to a loss (depletion) or gain (concentration) of
pigment compared to the matrix color, formed
by oxidation/reduction of Fe and/or Mn
coupled with their removal, translocation, or
accrual; or a soil matrix color controlled by the
presence of Fe+2 (see Field Book for
Describing and Sampling of Soils, NRCS,
USDA which is hereby incorporated by
reference, including any subsequent
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
835
amendments and editions, in accordance with
G.S. 150B-21.6.
(30)(36) "Relocation" means the displacement of a
residence, place of business, or place of public
assembly from one location to another.
(31)(37) "Repair area" means an area, either in its
natural state or which is capable of being
modified, consistent with these Rules, which is
reserved for the installation of additional
nitrification fields and is not covered with
structures or impervious materials.
(32)(38) "Residence" means any home, hotel, motel,
summer camp, labor work camp, mobile
home, dwelling unit in a multiple-family
structure, or any other place where people
reside.
(33)(39) "Restrictive horizon" means a soil horizon that
is capable of perching ground water or sewage
effluent and that is brittle and strongly
compacted or strongly cemented with iron,
aluminum, silica, organic matter, or other
compounds. Restrictive horizons may occur
as fragipans, iron pans or organic pans, and are
recognized by their resistance in excavation or
in using a soil auger.
(34)(40) "Rock" means the body of consolidated or
partially consolidated material composed of
minerals at or below the land surface. Rock
includes bedrock and partially weathered rock
that is relatively hard and cannot be dug with
hand tools. The upper boundary of rock is
"saprolite", "soil", or the land surface.
(35)(41) "Sanitary system of sewage treatment and
disposal" means a complete system of sewage
collection, treatment and disposal, including
approved privies, septic tank systems,
connection to public or community sewage
systems, incinerators, mechanical toilets,
composting toilets, recycling toilets,
mechanical aeration systems, or other such
systems.
(36)(42) "Saprolite" means the body of porous material
formed in place by weathering of igneous or
metamorphic rocks. Saprolite has a massive,
rock-controlled structure, and retains the fabric
(arrangement of minerals) of its parent rock in
at least 50 percent of its volume. Saprolite can
be dug with hand tools. The lower limit of
saprolite is "rock" and its upper limit is "soil"
or the land surface. The term "saprolite" does
not include sedimentary parent materials.
(43) "Saturated soils " - means a horizon or horizon
subdivision with a free water surface at the
corresponding depth and observed in a bore
hole or monitoring well.
(37)(44) "Septic tank" means a water-tight, covered
receptacle designed for primary treatment of
sewage and constructed to:
(a) receive the discharge of sewage from
a building;
(b) separate settleable and floating solids
from the liquid;
(c) digest organic matter by anaerobic
bacterial action;
(d) store digested solids through a period
of detention; and
(e) allow clarified liquids to discharge
for additional treatment and final
disposal.
(38)(45) "Septic tank system" means a subsurface
sanitary sewage system consisting of a septic
tank and a subsurface disposal field.
(39)(46) "Sewage" means the liquid and solid human
waste and liquid waste generated by
water-using fixtures and appliances, including
those associated with food handling. The term
does not include industrial process wastewater
or sewage that is combined with industrial
process wastewater.
(40)(47) "Site" means the area in which the sewage
treatment and disposal system is to be located
and the area required to accommodate repairs
and replacement of nitrification field and
permit proper functioning of the system.
(41)(48) "Soil" means the naturally occurring body of
porous mineral and organic materials on the
land surface. Soil is composed of sand-, silt-,
and clay-sized particles that are mixed with
varying amounts of larger fragments and some
organic material. Soil contains less than 50
percent of its volume as rock, saprolite, or
coarse-earth fraction (mineral particles greater
than 2.0 millimeters). The upper limit of the
soil is the land surface, and its lower limit is
"rock", "saprolite", or other parent materials.
(49) "Soil series" - means an official series name
established by NRCS, USDA and confirmed to
be present on the site by detailed on-site soil
profile descriptions and taxonomic
classification, and not necessarily the soil
series mapped on the county soil survey.
(42)(50) "Soil structure" means the arrangement of
primary soil particles into compound particles,
peds, or clusters that are separated by natural
planes of weakness from adjoining aggregates.
(43)(51) "Soil textural classes" means soil classification
based upon size distribution of mineral
particles in the fine-earth fraction less than two
millimeters in diameter. The fine-earth
fraction includes sand (2.0 - 0.05 mm in size),
silt (less than 0.05 mm - 0.002 mm or greater
in size), and clay (less than 0.002 mm in size)
particles. The specific textural classes are
defined as follows and as shown in Soil
Taxonomy, Appendix I, which is hereby
adopted by reference in accordance with G.S.
150B-14(c):
(a) "Sand" means soil material that
contains 85 percent or more of sand;
the percentage of silt plus 1.5 times
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
836
the percentage of clay shall not
exceed 15.
(b) "Loamy sand" means soil material
that contains at the upper limit 85 to
90 percent sand, and the percentage
silt plus 1.5 times the percentage of
clay is not less than 15; at the lower
limit it contains not less than 70 to 85
percent sand, and the percentage of
silt plus twice the percentage of clay
does not exceed 30.
(c) "Sandy loam" means soil material
that contains either 20 percent clay or
less, and the percentage of silt plus
twice the percentage of clay exceeds
30, and contains 52 percent or more
sand; or less than seven percent clay,
less than 50 percent silt, and between
43 and 52 percent sand.
(d) "Loam" means soil material that
contains seven to 27 percent clay, 28
to 50 percent silt, and less than 52
percent sand.
(e) "Silt loam" means soil material that
contains 50 percent or more silt and
12 to 27 percent clay; or contains 50
to 80 percent silt and less than 12
percent clay.
(f) "Silt" means soil material that
contains 80 percent or more silt and
less than 12 percent clay.
(g) "Sandy clay loam" means soil
material that contains 20 to 35
percent clay, less than 28 percent silt,
and 45 percent or more sand.
(h) "Clay loam" means soil material that
contains 27 to 40 percent clay and 20
to 45 percent sand.
(i) "Silty clay loam" means soil material
that contains 27 to 40 percent clay
and less than 20 percent sand.
(j) "Sandy clay" means soil material that
contains 35 percent or more clay and
45 percent or more sand.
(k) "Silty clay" means soil material that
contains 40 percent or more clay and
40 percent or more silt.
(l) "Clay" means soil material that
contains 40 percent or more clay, less
than 45 percent sand, and less than 40
percent silt.
(44)(52) "State" means the Department of Environment,
Health, Environment and Natural Resources,
Division of Environmental Health.
(45)(53) "Stream" means a natural or manmade
channel, including groundwater lowering
ditches and devices, in which water flows or
stands most of the year.
(46)(54) "Subsurface disposal" means the application of
sewage effluent beneath the surface of the
ground by distribution through approved
nitrification lines.
Authority G.S. 130A-335(e) and (f).
15A NCAC 18A .1942 SOIL WETNESS CONDITIONS
(a) Soil wetness conditions caused by a seasonal high-water
table, perched water table, tidal water, seasonally saturated soils
or by lateral water movement shall be determined by
observations of colors of chroma 2 or less (Munsell color chart)
in mottles or a solid mass. If drainage modifications have been
made, the Department may make a determination of the soil
wetness conditions by direct observations of the water surface
during periods of typically high water elevations. However,
colors of chroma 2 or less which are relic from minerals of the
parent material shall not be considered indicative of a soil
wetness condition. Sites where soil wetness conditions are
greater than 48 inches below the naturally occurring soil surface
shall be considered SUITABLE with respect to soil wetness.
Sites where soil wetness conditions are between 36 inches and
48 inches below the naturally occurring soil surface shall be
considered PROVISIONALLY SUITABLE with respect to soil
wetness. Sites where soil wetness conditions are less than 36
inches below the naturally occurring soil surface shall be
considered UNSUITABLE with respect to soil wetness.
(b) Where the site is UNSUITABLE with respect to soil
wetness conditions, it may be reclassified PROVISIONALLY
SUITABLE after an investigation indicates that a modified or
alternative system can be installed in accordance with Rule
.1956 or Rule .1957 of this section.
(a) Soil wetness conditions caused by seasonal high-water table,
perched water table, tidal water, seasonally saturated soil or by
lateral water movement shall be determined by field evaluation
for soil wetness colors and field observations, and may be
assessed by well monitoring, computer modeling, or a
combination of monitoring and modeling as required by this
Rule. All sites shall be evaluated by an Authorized Agent of the
Department using Basic Field Evaluation Procedures pursuant to
Paragraph (b) of this Rule.
(b) Basic Fie ld Evaluation Procedures:
(1) A soil wetness condition shall be determined
by the indication of colors of chroma 2 or less
(Munsell Color Charts) at =2% of soil volume
in mottles or matrix of a horizon or horizon
subdivision. However, colors of chroma 2 or
less which are relic from minerals of the parent
material shall not be considered indicative of a
soil wetness condition.
(2) A Soil wetness condition shall also be
determined by the periodic direct observation
or indication of saturated soils or a perched
water table, or lateral water movement flowing
into a bore hole, monitoring well, or open
excavation above a less permeable horizon or
horizon subdivision, that may occur without
the presence of colors of chroma 2 or less. A
soil wetness condition caused by saturated
soils or a perched water table shall be
confirmed to extend for at least three
consecutive days. The shallowest depth to soil
wetness condition determined by
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
837
Subparagraph (b)(1) or (b)(2) of this Rule shall
take precedence.
(c) Site Suitability as to Soil Wetness: Initial suitability of the
site as to soil wetness shall be determined based upon the
findings of the Basic Field Evaluation Procedures made pursuant
to Paragraph (b) of this Rule. Sites where soil wetness conditions
are greater than 48 inches below the naturally occurring soil
surface shall be considered SUITABLE with respect to soil
wetness. Sites where soil wetness conditions are between 36 and
48 inches below the naturally occurring soil surface shall be
considered PROVISIONALLY SUITABLE with respect to soil
wetness. Sites where soil wetness conditions are less than 36
inches below the naturally occurring soil surface shall be
considered UNSUITABLE with respect to soil wetness. Sites
where a soil wetness condition is determined based upon the
observation or indication of lateral water movement within 48
inches of the naturally occurring soil surface shall be considered
UNSUITABLE, except when such water can be intercepted in
accordance with 15A NCAC 18A .1956(4).
(d) Alternative Procedures for Soil Wetness Determination: The
Owner or the Owner's Legal Representative (Applicant) shall
have the opportunity to submit documentation that the soil
wetness condition and resultant site classification be alternately
determined and reclassified by direct monitoring, computer
modeling, or a combination of monitoring and modeling, in
accordance with a Direct Monitoring Procedure, Monitoring and
Modeling Procedure, or Modeling Procedure made pursuant to
Paragraphs (e), (f), or (g) of this Rule. This determination shall
take precedence over the determination made pursuant to the
Basic Field Evaluation Procedures [Paragraph (b) of this Rule],
when the conditions of Paragraphs (e), (f), or (g) of this Rule are
met. Determination by one of these Monitoring or Modeling
procedures shall also be required when:
(1) the Owner proposes to use a wastewater
system requiring a deeper depth to a soil
wetness condition than the depth determined
by the Basic Field Evaluation Procedures
pursuant to Paragraph (b) of this Rule; or
(2) the Owner proposes to use sites with Group III
or IV soil within 36 inches of the surface and
where drainage modifications are proposed to
be made, including the installation of
subsurface drain tile, open drainage ditches, or
surface landscape modifications, or on such
sites when fill is proposed to be used in
conjunction with existing or proposed drainage
modifications. Final determination of soil
wetness condition for these sites shall be made
pursuant to the Modeling Procedure in
Paragraph (g) of this Rule.
(e) Direct Monitoring Procedure. Soil wetness conditions may
be determined by direct observation of the water surface in wells
during periods of typically high water elevations utilizing the
following monitoring procedures and interpretation method.
(1) The applicant shall notify the local health
department of the intent to monitor water
surface elevations by submitting a proposal
that includes a site plan, well and soil profile at
each monitoring location, and a monitoring
plan no later than 30 days prior to the
monitoring period. An applicant other than the
property owner shall have written
authorization from the owner to be the owner’s
legal representative. Soil wetness and rainfall
monitoring shall be conducted under the
responsible charge of a third-party
consultant(s), licensed or registered in
accordance with G.S. 89C (Engineers), G.S.
89E (Geologists), G.S. 89F (Soil Scientists), or
G.S. 90A Article 4 (Registered Sanitarians), or
by the property owner/applicant. The Owner
shall submit the name(s) of the consultant(s)
performing any monitoring on their behalf to
the local health department.
(2) The applicant shall submit a site plan showing
proposed sites for wastewater system, shall
provide the longitude and latitude of the site,
location of monitoring wells, and all drainage
features that may influence the soil wetness
conditions, and specify any proposed fill and
drainage modifications.
(3) The applicant shall submit a monitoring plan
indicating the proposed number, installation
depth, screening depth, soil and well profile,
materials and installation procedures for each
monitoring well, and proposed method of
analysis. A minimum of three water level
monitoring wells shall be installed for water
surface observation at each site. Additional
wells shall be required for sites handling
systems with a design flow greater than 600
gallons per day (minimum of one additional
well per 600 gallons per day increment).
(4) The local health department shall be given the
opportunity to conduct a site visit and verify
the appropriateness of the proposed plan. Well
locations shall include portions of the initial
and replacement drainfield site(s) containing
the most limiting soil/site conditions. Prior to
installation of the wells the local health
department shall approve the plan. If the plan
is disapproved, the local health department
shall include specific changes necessary for
approval of the monitoring plan.
(5) Wells shall extend at least five feet below the
natural soil surface, or existing soil surface for
fill installed prior to July 1, 1977 meeting the
requirements for consideration of a site with
existing fill of G.S. 130A-341 and the rules
adopted pursuant thereto. However, a well or
wells which extend(s) down only 40 inches
may be used if they provide a continuous
record of the water table for at least half of the
monitoring period, and one or more shallower
wells may be required on sites where shallow
lateral water movement or perched soil
wetness conditions are anticipated.
(6) Water surface in the monitoring wells shall be
recorded at least daily from January 1 to April
30, taken at the same time during the day (plus
or minus three hours). A rain (precipitation)
gauge is required within one-half mile of the
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
838
site. At least daily rainfall shall be recorded
beginning no later than December 1 through
April 30 (the end of the well monitoring
period).
(7) Interpretation Method for Direct Monitoring
Procedure: The following method of
determining depth to soil wetness condition
from water surface observations in wells shall
be used when the 60-day weighted rainfall
index for the January through April monitoring
period equals or exceeds the site’s long-term
(historic) 60-day weighted rainfall index for
January to April rainfall with a 30 percent
recurrence frequency (wetter than the 9th
driest year of 30, on average). The 60-day
weighted rainfall index for the monitoring
period and historic rainfall record shall be
computed as:
WRI60 = 0.5PD + PJ + PF + PM + 0.5PA
Where WRI60 = 60-day weighted rainfall index for January to April
PD = Total December rainfall
PJ = Total January rainfall
PF = Total February rainfall
PM = Total March rainfall
PA = Total April rainfall
The Department shall prepare contour maps
for each county where this interpretation
procedure is proposed. Contours shall be
prepared following standard interpolation
procedures using normalized data collected
from all National Weather Service Stations, or
equivalent, from which appropriate data are
available, at least prior to February 1 of the
monitoring season. Data from each station
shall be normalized by fitting a 2-parameter
gamma distribution to the 60-day weighted
rainfall index computed for at least the most
recent three decades of historic data, in
accordance with procedures outlined in
Chapter 18 of the National Engineering
Handbook, NRCS, USDA. From this fitted
distribution, the 60-day weighted rainfall index
for January through April rainfall with a 30%,
50%, 70% and 80% recurrence frequency shall
be computed for each Station, to provide the
raw data points from which the contour maps
shall be prepared. From these maps, the site's
60-day weighted rainfall index for the January
through April monitoring period shall be
compared to the long-term (historic) January
to April 60-day weighted rainfall index at
different expected recurrence frequencies. The
soil wetness condition shall be determined as
the highest level that is continuously saturated
for the number of consecutive days during the
January through April monitoring period
shown in the following table:
Recurrence Frequency Range
January to April 60-Day
Weighted Rainfall Index
Number of Consecutive Days
of Continuous Saturation
for Soil Wetness Condition
30% to 49.9% 3 days or 72 hours
50% to 69.9% 6 days or 144 hours
70% to 79.9% 9 days or 216 hours
80% to 100% 14 days or 336 hours
(8) If monitoring well data is collected during
monitoring periods that span multiple years,
the year which yields the highest
(shallowest) soil wetness condition shall be
applicable.
(f) Monitoring and Modeling Procedure: A combination of
monitoring and modeling may be used to determine a soil
wetness condition utilizing the following monitoring
procedures and interpretation method.
(1) The procedures described for the Direct
Monitoring Procedure in Subparagraphs
(e)(1), (2), (3), (4), (5), and (6) of this Rule
shall be used to monitor water surface
elevation and precipitation for determining
soil wetness conditions by a combination of
direct observation and modeling, except that
the rainfall gauge and each monitoring well
shall use a recording device and a data file
(DRAINMOD-compatible) shall be
submitted with the report to the local health
department (devices shall record rainfall at
least hourly and well water level at least
daily).
(2) The ground water simulation model
DRAINMOD shall be used to predict daily
water levels over at least a 30 year historic
time period after the model is calibrated
using the water surface and rainfall
observations made on-site during the
monitoring period. The soil wetness
condition shall be determined as the highest
level predicted by the model to be saturated
for a 14-day continuous period between
January 1 and April 30 with a recurrence
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
839
frequency of 30 percent (an average of at
least nine years in 30).
(A) Weather input files, required to run
the DRAINMOD, shall be
developed from hourly rainfall
gauge data taken within a half-mile
of the site and from daily
temperature and hourly or daily
rainfall data collected over a
minimum 30-year period from the
closest available National Weather
Service, or equivalent, measuring
station to the site. DRAINMOD
weather data files on file with the
Department shall be made available
upon request to the applicant or
applicant's consultants. Daily
maximum and minimum
temperature data for the January 1
through April 30 monitoring
period, plus for at least 30 days
prior to this period, shall be
obtained from the closest available
weather station.
(B) Soil and Site inputs for
DRAINMOD, including a soils
data file closest to the soil series
identified, depths of soil horizons,
estimated saturated hydraulic
conductivity of each horizon, depth
and spacing of drainage features
and depression storage, shall be
selected in accordance with
procedures outlined in the
DRAINMOD Users Guide, and
guidance is also available in
Reports 333 and 342 of the
University of North Carolinas
Water Resources Research
Institute. DRAINMOD soils data
files on file with the Department
shall be made available upon
request to the applicant or
applicant’s consultants.
(C) Inputs shall be based upon site
specific soil profile descriptions
Soil and site input factors shall be
adjusted during the model
calibration process to achieve a
best fit by least squares analysis of
the daily observations over the
whole monitoring period (mean
absolute deviation between
measured and predicted values no
greater than eight inches), and to
achieve the best possible match
between the highest water table
depth during the monitoring period
(measured-vs-predicted) that is
saturated for 14 consecutive days.
(D) For sites intended to receive over
1500 gallons per day, the soil
wetness determination using
DRAINMOD shall take into
consideration the impact of
wastewater application on the
projected water table surface.
(E) The ground water simulation
analysis shall be prepared and
submitted to the local health
department by individuals qualified
to use DRAINMOD by training
and experience and who are
licensed or registered in North
Carolina if required in G.S. 89C
(Engineers), G.S. 89E (Geologists),
and G.S. 89F (Soil Scientists). The
local health department or Owner
may request a technical review by
the Department prior to approval of
the soil wetness condition
determination.
(g) Modeling Procedure: A soil wetness condition may be
determined by application of DRAINMOD to predict daily
water levels over at least a 30 year historic time period after
all site-specific input parameters have been obtained, as
outlined in the DRAINMOD Users Guide. This modeling
procedure shall be used when a ground water lowering system
is proposed for a site with Group III or IV soils within 36
inches of the naturally occurring soil surface. This procedure
shall also be used to evaluate sites with Group III or IV soils
within 36 inches of the naturally occurring soil surface, where
the soil wetness condition was initially determined using a
procedure described in Paragraphs (e) or (f) of this Rule and
where drainage modifications are proposed or when fill is
proposed to be used in conjunction with existing or proposed
drainage modifications. The soil wetness condition shall be
determined as the highest level predicted by the model to be
saturated for a 14-day continuous period between January 1
and April 30 with a recurrence frequency of 30 percent (an
average of at least nine years in 30).
(1) Weather input files, required to run
DRAINMOD, shall consist of hourly rainfall
and daily temperature data collected over the
entire period of record but for at least a 30-
year period from the closest available
National Weather Service, or equivalent,
measuring station to the site. DRAINMOD
weather data files on file with the
Department shall be made available upon
request to the applicant or applicant's
consultants.
(2) Soil and Site inputs for DRAINMOD,
including a soils data file closest to the soil
series identified, depths of soil horizons,
hydraulic conductivity of each horizon,
depth and spacing of proposed drainage
features and surface storage and drainage
parameters, shall be selected in accordance
with procedures outlined in the
DRAINMOD User's Guide. DRAINMOD
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
840
soils data files on file with the Department
shall be made available upon request to the
applicant or applicant's consultants. Inputs
shall include:
(A) Soil input file with the soil
moisture characteristic curve and
data for the soil profile that is
closest to the described soil profile
that is present on the site;
(B) Soil horizon depths determined on
site;
(C) Site measured or proposed drain
depth and spacing, and drain outlet
elevation;
(D) In-situ saturated hydraulic
conductivity measurements for at
least three representative locations
on the site and at each location for
at least three most representative
soil horizons within five feet of the
surface. Conductivity
measurements shall be for one
representative soil horizon at or
above redoximorphic depletion
features and two representative soil
horizons at and below
redoximorphic concentration
features at each location on the site;
(E) All other model parameters based
upon the DRAINMOD User's
Guide, or other accepted values
consistent with the simulation
model; and
(F) A sensitivity analysis shall be
conducted for the following model
parameters:
(i) Soil input files for at least
two other most closely
related soil profiles;
(ii) Saturated hydraulic
conductivity of each of
horizons measured on-site;
(iii) Drain depth and spacing;
and
(iv) Surface storage and depth
of surface flow inputs.
The sensitivity analysis shall be used to
evaluate the range of soil and site
characteristics for choosing input parameters
related to the soil profiles, hydraulic
conductivity input values based upon the
range of hydraulic conductivity values
measured on the site, and inputs for surface
and subsurface drainage features based upon
the range of possible elevations and
distances that occur or may occur after
installation of improvements. The
sensitivity analysis shall establish which
parameters are most critical for
determination of the depth to soil wetness
condition. Conservative values for the most
critical parameters shall be used in applying
the model to the site.
(3) For sites designed to receive over 600
gallons per day, the soil wetness
determination using DRAINMOD shall take
into consideration the impact of wastewater
application on the projected water table
surface.
(4) The ground water simulation analysis shall
be prepared and submitted to the local health
department by individuals qualified to use
DRAINMOD by training and experience
and who are licensed or registered in North
Carolina if required in G.S. 89C
(Engineers), G.S. 89E (Geologists), and G.S.
89F (Soil Scientists). The local health
department shall submit the ground water
simulation analysis to the Department for
technical review prior to approval of the soil
wetness condition determination.
(h) A report of the investigations made for the Direct
Monitoring Procedure, Monitoring and Modeling Procedure or
Modeling Procedure pursuant to Paragraphs (e), (f), or (g) of
this Rule shall be prepared prior to approval of the soil
wetness condition determination. Reports prepared by a
licensed or registered professional shall bear the professional
seal of the person(s) whom conducted the investigation
(Engineer, Geologist, Soil Scientist or Registered Sanitarian).
A request for technical review of the report by the Department
shall include digital copies of monitoring data and digital
copies of model inputs, output data, and graphic results, as
applicable.
(j) Where the site is UNSUITABLE with respect to soil
wetness conditions, it may be reclassified PROVISIONALLY
SUITABLE if a modified, alternative or innovative system can
be installed in accordance with 15A NCAC 18A .1956, .1957,
or .1969.
Authority G.S. 130A-335(e).
15A NCAC 18A .1969 APPROVAL AND
PERMITTING
OF ON-SITE SUBSURFACE WASTEWATER
SYSTEMS,
TECHNOLOGIES, COMPONENTS, OR DEVICES
Expermintal and innovative Experimental, controlled
demonstration, innovative, and accepted wastewater systems
(hereinafter referred to as E & I systems) I) systems are any
wastewater systems, system components, or devices that are
not specifically described in Rules .1955, .1956, .1957, or
.1958 of this Section, including any system for which
reductions are proposed in the minimum horizontal or vertical
separation requirements or increases are proposed to the
maximum long-term acceptance rates of this Section Section;
or any E & I systems as defined by G.S. 130A-343(a) and
approved pursuant to applicable Laws and this Rule. This Rule
shall provide for the approval and permitting of E & I systems.
(1) An application shall be submitted in writing
to the State for an E & I system. The
application shall include the following, as
applicable:
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
841
(a) specification of the type of
approval requested as either
innovative, controlled
demonstration, experimental
experimental, accepted or both; a
combination;
(b) description of the system, including
materials used in construction, and
its proposed use;
(c) summary of pertinent literature,
published research, and previous
experience and performance with
the system;
(d) results of any available testing,
research or monitoring of pilot
systems or full-scale operational
systems conducted by a third party
research or testing organization;
(e) identity and qualifications of any
proposed research or testing
organization and the principal
investigators, and an affidavit
certifying that the organization and
principal investigators have no
conflict of interest and do not stand
to gain financially from the sale of
the E & I system;
(f) objectives, methodology, and
duration of any proposed research
or testing;
(g) specification of the number of
systems proposed to be installed,
the criteria for site selection, and
system monitoring and reporting
procedures;
(h) operation and maintenance
procedures, system classification,
proposed management entity and
system operator;
(i) procedure to address system
malfunction and replacement or
premature termination of any
proposed research or testing; and
testing;
(j) notification of any proprietary or
trade secret information, system,
component, or device. device; and
(k) Fee payment as required by G.S.
130A-343(k), by corporate check,
money order or cashier's check
made payable to: North Carolina
On-Site Wastewater System
Account or NC OSWW System
Account, and mailed to the On-Site
Wastewater Section, 1642 Mail
Service Center, Raleigh, NC
27699-1642 or hand delivered to
Rm. 1A-245, Parker Lincoln
Building, 2728 Capital Blvd.,
Raleigh, NC.
(2) The State shall review all applications
submitted and evaluate at least the
following:
(a) the completeness of the application,
and whether additional information
is needed to continue the review;
(b) whether the system meets the
standards of an innovative system
under Paragraph (3) of this Rule, or
whether the system meets the
standards of an experimental
system under Paragraph (4) of this
Rule, as applicable.
(3) INNOVATIVE SYSTEMS: Innovative
systems systems, technologies, components,
or devices shall be reviewed and approved
by the State, and the local health department
may shall permit innovative systems in
accordance with the following:
(a) The State shall approve the system
as an innovative system if the
following standards have been met;
(i) The system, shall have
been demonstrated to
perform equal or superior
to a system, which is
described in Rules .1955,
.1956, .1957, or .1958, of
this Section, based upon
controlled pilot-scale
research studies or
statistically-valid
monitoring of full-scale
operational systems.
(ii) Materials used in
construction shall be equal
or superior in physical
properties and chemical
durability, compared to
materials used for similar
proposed systems,
specifically described in
Rules .1955, .1956, .1957,
or .1958. of this Section.
(b) When a system is approved as
innovative by the State, the
applicant shall be notified in
writing. Such notice shall include
any conditions for permitting,
siting, installation, use, monitoring,
and operation.
(c) A local health department shall
issue an Improvement Permit and a
Construction Authorization for any
innovative system approved by the
State upon a finding that the
provisions of this Rule Section
including any conditions of the
approval are met. Use of an
innovative system and any
conditions shall be described on the
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
842
Improvement Permit, Permit and
the Certificate of Completion
Construction Authorization, or
Operation Permit.
(4) EXPERIMENTAL SYSTEMS: A system
may be approved for use as an experimental
system as part of a research or testing
program which has been approved by the
State. The research or testing program shall
be conducted by a third party research or
testing organization which has knowledge
and experience relevant to the proposed
research or testing and has no conflict of
interest and does not stand to gain
financially from the sale of the proposed
system.
(a) To be approved by the State, the
proposed research or testing
program shall include the
following:
(i) The research program
shall be designed such
that, if the objectives are
were met, the system
would satisfy the
standards for approval as
an innovative system
under Paragraph (3) of this
Rule.
(ii) Research design and
testing methodology shall
have a reasonable
likelihood of meeting the
objectives.
(b) The State shall notify the applicant
and the applicable local health
departments when the proposed
research or testing program has
been approved for an experimental
system. Such notice shall include,
but not be limited to, conditions for
permitting, siting, operation,
monitoring and maintenance, and
number of systems which can be
installed.
(c) A local health department may
shall issue an Improvement Permit
and Construction Authorization for
an experimental system when the
following conditions are met:
(i) There is an application for
an Improvement Permit in
accordance with Rule
.1937(c) of this Section,
with the proposed use of
an experimental system
specified.
(ii) The proposed site is
included as part of an
approved research or
testing program and any
conditions specified for
use of the system have
been met.
(iii) When an experimental
system is proposed to
serve a residence, place of
business or place of public
assembly, there shall be a
repair area using a non-experimental
backup
system in accordance with
the provisions of Rule
.1945(b) or an accepted
system of Rule .1969 of
this Section, except:
(A) When an existing
and properly
functioning
wastewater
system is
available for
immediate use,
including
connection to a
public or
community
wastewater
system; or
(B) When the
experimental
system is used as
a repair to an
existing
malfunctioning
system; or
(C) When the
experimental
system is to serve
a vehicular,
portable structure
built on a chassis
and designed to
be used as a
residence, place
of business, or
place of public
assembly without
a permanent
foundation, in
which case
sufficient
available space
shall be reserved
for the
installation of a
replacement
system at least
equal to the
initial
experimental
system.
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
843
(iv) When an experimental
system is proposed which
shall not serve a residence,
place of business, or place
of public assembly, a
repair area or backup
system shall not be
required.
(v) The application for an
experimental system shall
include statements that the
property owner is aware of
its experimental nature,
that the local health
department and State do
not guarantee or warrant
that these systems will
function in a satisfactory
manner for any period of
time, and that use of the
system may need to be
discontinued if the system
malfunctions and is found
to be non-repairable, or if
the proposed research or
testing program is
prematurely terminated.
Such statements shall be
signed by the owner.
(vi) The owner of the site on
which an experimental
system is proposed shall
execute a easement
granting rights of access to
the system at reasonable
hours for monitoring and
evaluation to the research
or testing organization.
This easement shall
specify that it is granted
for the purposes of
researching and testing an
experimental wastewater
system and shall remain
valid as long as the system
is to be part of the
proposed research or
testing program. The
easement shall be
recorded with the county
register of deeds.
(vii) Provisions shall be made
for operation and
maintenance of the
system.
(viii) Any special conditions
required for the
installation of the
experimental system shall
be specified in the
Improvement Permit. and
the Construction
Authorization. Use of an
experimental system and
any conditions shall be
described on the
Improvement Permit
Permit, Construction
Authorization and any
subsequent operation
permits, with provisions
for a repair area and
backup system specified.
A condition of the
Improvement Permit and
Construction
Authorization shall be that
the installation be under
the direct field supervision
of the research or testing
organization.
(ix) The proposed
Improvement Permit
Permit, Construction
Authorization and any
subsequent operation
permits for experimental
systems shall be reviewed
by the State and found to
be consistent with the
approved research or
testing program prior to
issuance by the local
health department.
(d) Upon completion of the installation
and prior to use, an Experimental
System Operation Permit (ESOP)
shall be issued by the local health
department. The ESOP shall be
valid for a specified period of time
not to exceed five years. Special
maintenance, monitoring and
testing requirements shall be
specified as permit conditions, in
accordance with the approved
research or testing program.
Failure to carry out these
conditions shall be grounds for
permit suspension or revocation.
(e) Prior to expiration of the ESOP and
based upon satisfactory system
performance as determined during
the research or testing program, the
local health department shall issue
an Operation Permit. Premature
termination of the research or
testing program shall be grounds
for ESOP suspension or revocation.
(f) Upon completion of monitoring,
research and testing, the research or
testing organization shall prepare a
final report including
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
844
recommendations on future use of
the system. If the State determines
that the results indicate that the
standards of Paragraph (3) of this
Rule are met, the State shall
approve the use as an innovative
system.
(5) Any proposed changes or modifications in
the E & I system shall be submitted for
review and approval by the State.
(6) The State shall may modify, suspend or
revoke the approval of an E & I system upon
a finding as follows: as provided for in G.S.
130A-343(c).
(a) The information submitted in the
application is falsified The E & I
system approval shall be modified
as necessary to comply with
subsequent changes in Laws or
Rules which affect their approval.
(b) The approval of an E & I system
may be modified, suspended or
revoked upon a finding as follows:
(i) subsequent experience
with the system results in
altered conclusions about
system performance
performance, reliability, or
design design;
(ii) the system or component
fails to perform in
compliance with
performance standards
established for the system;
or
(iii) the system or component
or the E & I system
applicant fails to comply
with wastewater system
Laws, Rules or conditions
of the approval.
(7) Modification, suspension Suspension or
revocation of an E & I System approval
shall not affect systems previously installed
pursuant to the approval.
(8) Reductions in total nitrification trench
length allowed for E & I systems, as
compared to the system sizing requirements
delineated in Rule .1955 of this Section for
conventional systems based upon excavated
trench width, apply only to drainfields
receiving septic tank effluent of domestic
strength or better quality. The system may
be used for facilities producing higher
strength wastewater with nitrification trench
length and trench bottom area determined
based upon excavated trench width equal to
what is required by Rule .1955 of this
Section for a conventional gravel trench
system , with no reduction or application of
an equivalency factor. However, reductions
up to 25 percent when allowed for approved
innovative or accepted system models may
be applied for facilities producing higher
strength wastewater following a specifically
approved pretreament system designed to
assure effluent strength equal to or better
than domestic septic tank effluent, with a
BOD less than 150 mg/l, TSS less than 100
mg/l and FOG less than 30 mg/l.
(9) A Performance Warranty shall be provided
by the manufacturer of any approved
innovative or accepted wastewater system
(warranty system) handling untreated septic
tank effluent which allows for a reduction in
the total nitrification trench length of more
than twenty-five percent as compared to the
total nitrification trench length required for a
36-inch wide conventional wastewater
system, pursuant to G.S. 130A-343(j). The
Department shall approve the warranty
when found in compliance with the
applicable Laws and these Rules. When a
warranty system is proposed to serve a
residence, place of business, or place of
public assembly, the site shall include a
repair or replacement area in accordance
with Rule .1945(b) of this Section or an
innovative or accepted system approved
under this Rule with no more than a 25
percent reduction in excavated trench
bottom area.
(a) The Manufacturer shall provide the
approved Performance Warranty in
effect on the date of the Operation
Permit issuance to the owner or
purchaser of the system. The
warranty shall be valid for a
minimum of five-years from the
date the warranty system is placed
into operation.
(b) The Manufacturer shall issue the
Performance Warranty to the
property owner through its
authorized installer who shall sign
the Performance Warranty
indicating the system has been
installed in accordance with the
manufacturer’s specifications, any
conditions of the system approval
granted by the Department, and all
conditions of the Authorization to
Construct a Wastewater System by
the local health department. The
installer or contractor shall
promptly return a copy of the
signed Performance Warranty to
the Manufacturer indicating the
physical address or location of the
facility served by the warranty
system, date the system was
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
845
installed or placed into use, and
type and model of system installed.
(c) The Performance Warranty shall
provide that the manufacturer
furnishes all materials and labor
necessary to replace a
malfunctioning warranty system as
defined in Rule .1961(a) of this
Section or a warranty system that
failed to meet any performance
conditions of the approval with a
fully functional wastewater system
at no cost to the Owner, in
accordance with this Section and
applicable Laws.
(d) Performance Warranty repairs such
as full replacement of the
nitrification system, extension of
the nitrification system or other
repairs shall be completed pursuant
to a repair Authorization to
Construct that is issued by the local
health department in accordance
with this Section.
(e) The Performance Warranty shall be
attached to the Operation Permit
issued by the Health Department
for the wastewater system. The
Performance Warranty remains in
effect, notwithstanding change in
ownership, to the end of the five-year
warranty period.
(10) Manufacturers of proprietary systems
approved under this Rule shall provide a list
of manufacturer's authorized installers to the
Department and applicable local health
departments, and update this list whenever
there are additions or deletions. No
Operation Permit shall be issued for a
proprietary system installed by a person not
authorized by the Manufacturer, unless the
Manufacturer of the proprietary system
specifically approves the installation in
writing.
Authority G.S. 130A-335(e),(f); 130A-343.
TITLE 21 – OCCUPATIONAL LICENSING BOARDS
CHAPTER 14 - BOARD OF COSMETIC ART
EXAMINERS
Notice is hereby given in accordance with G.S. 150B-21.2 that
the NC State Board of Cosmetic Art Examiners intends to
adopt the rules cited as 21 NCAC 14R .0101-.0104, amend the
rules cited as 21 NCAC 14A .0101; 14B .0603; 14J .0206,
.0501; 14P .0108, .0113, and repeal the rules cited as 21
NCAC 14Q .0101-.0106, .0108-.0110.
Proposed Effective Date: April 1, 2004
Public Hearing:
Date: December 18, 2003
Time: 10:00 a.m.
Location: NC State Board of Cosmetic Art, 1201-110 Front
St., Raleigh, NC
Reason for Proposed Action: To make changes in the school
curriculum and continuing education.
Procedure by which a person can object to the agency on a
proposed rule: Persons may submit objections to these
proposed rules by contacting Dee Williams, NC State Board of
Cosmetic Art Examiners, 1201-110 Front St., Raleigh, NC
27609
Written comments may be submitted to: Dee Williams, NC
State Board of Cosmetic Art Examiners, 1201-110 Front St.,
Raleigh, NC 27609, (919) 733-4117, ext. 222, fax (919) 733-
4127, and email wdee17@yahoo.com.
Comment period ends: January 30, 2004
Procedure for Subjecting a Proposed Rule to Legislative
Review: Any person who objects to the adoption of a
permanent rule may submit written comments to the agency.
A person may also submit written objections to the Rules
Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided
in G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the 6th business day preceding
the end of the month in which a rule is approved. The
Commission will receive those objections by mail, delivery
service, hand delivery, or facsimile transmission. If you have
any further questions concerning the submission of objections
to the Commission, please call a Commission staff attorney at
919-733-2721.
Fiscal Impact
State
Local
Substantive (>$3,000,000)
None
SUBCHAPTER 14A - DEPARTMENTAL RULES
SECTION .0100 - ORGANIZATIONAL RULES
21 NCAC 14A .0101 DEFINITIONS
The following definitions apply in this Chapter:
(1) "Beauty Establishment" refers to both
cosmetic art schools and cosmetic art shops.
(2) "Cosmetology School" is any cosmetic art
school which teaches cosmetic art as defined
by, G.S. 88B-2(5), but is not a manicurist or
an esthetics school.
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
846
(3) "Cosmetology Student" is a student in any
cosmetic art school whose study is the full
curriculum.
(4) "Manicurist School" is a cosmetic art school
that teaches only the cosmetic arts of
manicuring.
(5) "Manicurist Student" is a student in any
cosmetic art school whose study is limited to
the manicurist curriculum set forth in 21
NCAC 14K .0102.
(6) "Successful Completion" is the completion
of an approved cosmetic art curriculum with
a minimum grade of "C" or 70%, whichever
is deemed as passing by the cosmetic art
school.
(7) "Esthetician School" is any cosmetic art
school which teaches only the cosmetic arts
of skin care.
(8) "Esthetician Student" is a student in any
cosmetic art school whose study is limited to
the esthetician curriculum set forth in 21
NCAC 14O. 0102.
(9) "Esthetics" refers to any of the following
practices: giving facials, applying makeup,
performing skin care, removing superfluous
hair from the body of any person by the use
of depilatories, tweezers or waxing, or
applying eyelashes to any person (this is to
include brow and lash color), beautifying the
face, neck, arms or upper part of the human
body, by use of cosmetic preparations,
antiseptics, tonic, lotions or creams,
massaging, cleaning, or stimulating the face,
neck, ears, arms, hands, bust, torso, legs or
feet, by means of the hands, devices,
apparatus, or appliances, with the use of
cosmetic preparations, antiseptics, tonics,
lotions or creams.
(10) Natural Hair Braiding. Natural hair braiding
is a service that results intension on hair
strands or roots by twisting, wrapping,
weaving, extending, locking, or braiding by
hand or mechanical device, provided that the
service does not include hair cutting or the
application of dyes, reactive chemicals, or
other preparations to alter the color of the
hair or to straighten, curl, or alter the
structure of the hair.
(11) Natural Hair Styling. Natural hair styling is
the provision of natural hair braiding
services together with any of the services or
procedures defined within the regulated
practice of cosmetic art, and is subject to
regulation pursuant to this chapter, and those
persons practicing natural hair styling shall
obtain and maintain a cosmetologist license
as applicable to the services offered or
performed. Establishments offering natural
hair styling services shall be licensed as
cosmetic art shops.
(12) Biennial licensing period. Biennial
licensing period means the two-year period
beginning on the first day of October of an
even-numbered year and ending on the 30th
day of September of an even-numbered
year.
(13) Provider. Provider means a nonprofit
professional cosmetic art association,
community college or high school,
vocational school, postsecondary proprietary
school of cosmetic art licensed by the Board,
manufacturer of supplies or equipment used
in the practice of cosmetic art, the State
Board or an agent of the State Board, any
individual or entity which owns and operates
five or more licensed salons, or that employs
at least 50 licensees. Any individual or
entity not meeting this definition may
petition the Board for review and approval
from the Board in order to be considered a
provider.
Authority G.S. 88B-2: 88B-4.
SUBCHAPTER 14B - RULE-MAKING PROCEDURES
SECTION .0600 – FEES
21 NCAC 14B .0603 POSTAGE AND HANDLING
There shall be a five dollar($5.00) ten dollar ($10.00) charge
for postage and handling for all mailings.
Authority G.S. 12-3.1; 150B-19.
SUBCHAPTER 14J - COSMETOLOGY CURRICULUM
SECTION .0200 - ADVANCED DEPARTMENT
21 NCAC 14J .0206 EQUIPMENT IN ADVANCED
DEPARTMENT
The advanced department must be equipped with the
following minimum equipment in the department:
(1) 20 to 29 stations, two manicure tables and
stools, 30 or more stations, 4 manicure
tables and stools;
(2) 20 to 29 stations, 10 eight dryers and chairs,
30 or more stations, 15 12 dryers and chairs;
(3) eight shampoo bowls and chairs;
(4) 20 dressing tables and styling chairs;
(5) 20 to 29 stations, one facial chairs, 30 or
more stations, two facial chairs;
(6) three marcel heaters; and
(7) three marcel irons.
Authority G.S. 88-23.
SECTION .0500 - CREDIT FOR COSMETOLOGY
STUDY OUTSIDE OF NORTH CAROLINA
21 NCAC 14J .0501 APPROVAL OF CREDIT FOR
COSMETOLOGY INSTRUCTION/ANOTHER STATE
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
847
(a) An applicant may receive credit for instruction taken in
another state if the conditions set forth in the Rule are met.
(b) The applicant’s record shall be certified by the state
agency or department that issues licenses to practice in the
cosmetic arts. If the agency or department does not maintain
any student records or if the state does not give license to
practice in the cosmetic arts, then the records may be certified
by any state department or state agency that does maintain
such records and is willing to certify their accuracy. If no state
department or board will certify the accuracy of the student’s
records, then the Board shall review the student’s records on a
case-by-case basis.
(c) If the requirements of Paragraph (b) of the Rule are met,
then the Board will give credit for hours of course work and
for mannequin and live model performances to the extent
certified, up to the amount of credit that the student would
receive for instruction in a school licensed by the Board. If the
certification includes only total hours and does not specify
what performances have been completed, the Board will not
give any credit for performances completed as part of the out-of-
state instruction. If the certification shows that a state board
examination was not taken, then a N. C. state board
examination will be required.
Authority G.S. 88B-12; 88B-13.
SUBCHAPTER 14P - CIVIL PENALTY
21 NCAC 14P .0108 REVOCATION OF LICENSES
AND OTHER DISCIPLINARY MEASURES
(a) The presumptive civil penalty for allowing unlicensed
practitioners to practice in a licensed cosmetic art shop is:
(1) 1st offense $250.00
(2) 2nd offense $500.00
(3) 3rd offense $1,000.00
(b) The presumptive civil penalty for practicing cosmetology,
manicuring or esthetics with a license issued to another person
is:
(1) 1st offense $300.00
(2) 2nd offense $500.00
(3) 3rd offense $1,000.00
(c) The presumptive civil penalty for altering a license, permit
or authorization issued by the Board is:
(1) 1st offense $300.00
(2) 2nd offense $400.00
(3) 3rd offense $500.00
(d) The presumptive civil penalty for submitting false or
fraudulent documents:
(1) 1st offense $500.00
(2) 2nd offense $800.00
(3) 3rd offense $1,000.00
(e) The presumptive civil penalty for refusing to present
photographic identification:
(1) 1st offense $100.00
(2) 2nd offense $250.00
(3) 3rd offense $500.00
(f) The presumptive civil penalty for advertising by means of
knowingly false or deceptive statement:
(1) 1st offense warning ($300.00)
(2) 2nd offense $400.00
(3) 3rd offense $500.00
(g) The presumptive civil penalty for permitting an individual
to practice cosmetic art with an expired license.
(1) 1st offense warning
($300.00)
(2) 2nd offense $400.00
(3) 3rd offense $500.00
(h) The presumptive civil penalty for practicing or attempting
to practice by fraudulent misrepresentation:
(1) 1st offense $500.00
(2) 2nd offense $800.00
(3) 3rd offense $1000.00
(i) The presumptive civil penalty for the illegal use of
equipment or Methyl Methacrylate Monomer (MMA) in a
cosmetic art shop or school is:
(1) 1st offense $300.00
(2) 2nd offense $500.00
(3) 3rd offense $1000.00
Authority G.S. 88B-4; 88B-24; 88B-29.
21 NCAC 14P .0113 OPERATIONS OF SCHOOLS
OF COSMETIC ART
(a) The presumptive civil penalty for failure to record
student’s hours of daily attendance is:
(1) 1st offense warning ($100.00)
(2) 2nd offense $200.00
(3) 3rd offense $300.00
(b) The presumptive civil penalty for failure to report
withdrawal or graduation of a student within 30 working days
is:
(1) 1st offense warning ($50.00)
(2) 2nd offense $100.00
(3) 3rd offense $200.00
(c) The presumptive civil penalty for failure to submit
cosmetology enrollments within 30 working days or
manicurist and esthetician enrollments within 15 working days
is:
(1) 1st offense warning ($50.00)
(2) 2nd offense $100.00
(3) 3rd offense $200.00
(d) The presumptive civil penalty for failure to display a copy
of the sanitary rules is:
(1) 1st offense warning ($50.00)
(2) 2nd offense $100.00
(3) 3rd offense $200.00
(e) The presumptive civil penalty for failure to post consumer
sign “Cosmetic Art School - Work Done Exclusively by
Students” is:
(1) 1st offense warning ($50.00)
(2) 2nd offense $100.00
(3) 3rd offense $200.00
(f) The presumptive civil penalty for allowing a cosmetic art
shop to operate within a cosmetic art school is:
(1) 1st offense $200.00
(2) 2nd offense $400.00
(3) 3rd offense $600.00
(g) The presumptive civil penalty for a cosmetic art school
that is not separated from cosmetic art shop and/or other
business by a solid wall, floor to ceiling, with an separate
entrance and a door that stays closed at all time is:
(1) 1st offense $200.00
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
848
(2) 2nd offense $400.00
(3) 3rd offense $600.00
Authority G.S. 88B-4; 88B-16; 88B-29.
SUBCHAPTER 14Q - CONTINUING EDUCATION
SECTION .0100 - TEACHER CONTINUING
EDUCATION
21 NCAC 14Q .0101 TEACHER CONTINUING
EDUCATION
(a) Teacher's continuing education (CE) programs shall be
approved by the NC State Board of Cosmetic Art Examiners
(Board), if they meet the rules adopted by the Board. Each
program shall be conducted and monitored by one of the
following statewide organizations in conjunction with the
Board:
(1) National Cosmetology Association of North
Carolina;
(2) High School Cosmetology Educators of
North Carolina;
(3) NC State Beauticians and Cosmetologists
Association;
(4) Cosmetologist Instructors Association of the
NC Community College System;
(5) NC Private School Owners Association; or
(6) NC Aestheticians Association.
Note: If a provider is associated with or a member of any of
the preceding associations, they may be approved.
(b) Any other group or association who can present a program
meeting the criteria in Paragraph (c) of this Rule to the Board,
shall be eligible to conduct a program.
(c) The Continuing Education Program shall meet the
following criteria for approval:
(1) all seminars must include at least 50% of
subject matter in the cosmetic arts and/or
teacher training techniques. Esthetician
teachers and manicurist teachers must
complete CE only in that area in which they
are licensed. CE must not promote a
particular system or product;
(2) all seminars shall be monitored by the
responsible organization including signing
in and out of participants to assure the
presence of participants for the required
contact hours; and
(3) all organizations/providers shall present to
the Board Curriculum Committee, no earlier
than July 1, 2002 and no later than August
30th of each year, a program outline which
shall include, but may not be limited to, the
following:
(A) Date;
(B) Time;
(C) Place;
(D) Instructors Name(s);
(E) Course outline including lesson
plans;
(F) List of monitors; and
(G) Fees.
Programs approved by the Curriculum Committee will be
submitted to the Board during their October meeting for full
approval. Programs will be approved through September 30th
of the following year.
Authority G.S. 88B-4; 88B-21(e).
21 NCAC 14Q .0102 ATTENDANCE
VERIFICATION
All providers shall complete an attendance verification form,
provided by the Board, verifying participant attendance.
(1) The monitor shall verify the participants'
attendance and signature on the verification
form.
(2) Each provider shall mail completed forms to
the Board Operations Officer.
(3) The forms shall be kept on record with the
Board as verification that the participant has
met the Continuing Education requirements.
(4) All participants shall receive from the
Board, a Continuing Education Unit (CEU)
certificate proving verification.
Authority G.S. 88B-4; 88B-21(e).
21 NCAC 14Q .0103 CERTIFICATING AGENT
The Board shall serve as the certificating agent providing CEU
certificates for participants when the following conditions are
met:
(1) The progr

NORTH CAROLINA
REGISTER
Volume 18, Issue 11
Pages 824 - 900
December 1, 2003
This issue contains documents officially filed
through November 5, 2003.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
6714 Mail Service Center
Raleigh, NC 27699-6714
(919) 733-2678
FAX (919) 733-3462
Julian Mann III, Director
Camille Winston, Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Linda Dupree, Editorial Assistant
Dana Sholes, Editorial Assistant
Rhonda Wright, Editorial Assistant
IN THIS ISSUE
I. PROPOSED RULES
Environment and Natural Resources
Environmental Management Commission............. 824 - 829
Health Services, Commission for............................ 832 - 844
Wildlife Resources Commission.............................829 - 832
Licensing Boards
Cosmetic Art Examiners, Board of......................... 844 - 850
Dietetics/Nutrition. Board of.................................... 850 - 852
Opticians, Board of.................................................... 852 - 853
II. APPROVED RULES .................................................. 854 - 896
Administration
State Employees Combined Campaign
Administrative Hearings, Office of
Rules Division
Agriculture and Consumer Services
Standards Division
Veterinary Division
Environment and Natural Resources
Coastal Management
Environmental Management
Health and Human Services
Children's Services
Director, Division of Facility
Epidemiology Health
Personal Health
Insurance
Engineering and Building Codes Division
Justice
Criminal Justice Education and Training Standards
Licensing Boards
Dental Examiners, Board of
Locksmith Licensing Board
Medical Examiners, Board of
Pharmacy, Board of
Secretary of State
Securities Division
State Personnel, Office of
State Personnel Commission
Transportation
Highways, Division of
Motor Vehicle, Division of
III. CONTESTED CASE DECISIONS
Index to ALJ Decisions................................................. 897 - 900
For the CUMULATIVE INDEX to the NC Register go to:
http://oahnt.oah.state.nc.us/register/CI.pdf
North Carolina Register is published semi-monthly for $195 per year by the Office of Administrative Hearings, 424 North Blount Street, Raleigh, NC
27601. North Carolina Register (ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh, NC. POSTMASTER: Send Address changes to
the North Carolina Register, 6714 Mail Service Center, Raleigh, NC 27699-6714.
NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM
The North Carolina Administrative Code (NCAC) has four major classifications of rules. Three of these, titles, chapters, and sections are
mandatory. The major classification of the NCAC is the title. Each major department in the North Carolina executive branch of
government has been assigned a title number. Titles are further broken down into chapters which shall be numerical in order.
Subchapters are optional classifications to be used by agencies when appropriate.
NCAC TITLES TITLE 21
LICENSING BOARDS
TITLE 24
INDEPENDENT AGENCIES
1 ADMINISTRATION
2 AGRICULTURE & CONSUMER SERVICES
3 AUDITOR
4 COMMERCE
5 CORRECTION
6 COUNCIL OF STATE
7 CULTURAL RESOURCES
8 ELECTIONS
9 GOVERNOR
10A HEALTH AND HUMAN SERVICES
11 INSURANCE
12 JUSTICE
13 LABOR
14A CRIME CONTROL & PUBLIC SAFETY
15A ENVIRONMENT &NATURAL RESOURCES
16 PUBLIC EDUCATION
17 REVENUE
18 SECRETARY OF STATE
19A TRANSPORTATION
20 TREASURER
21* OCCUPATIONAL LICENSING BOARDS
22 ADMINISTRATIVE PROCEDURES
(REPEALED)
23 COMMUNITY COLLEGES
24* INDEPENDENT AGENCIES
25 STATE PERSONNEL
26 ADMINISTRATIVE HEARINGS
27 NC STATE BAR
28 JUVENILE JUSTICE AND DELINQUENCY
PREVENTION
1 Acupuncture
2 Architecture
3 Athletic Trainer Examiners
4 Auctioneers
6 Barber Examiners
8 Certified Public Accountant Examiners
10 Chiropractic Examiners
11 Employee Assistance Professionals
12 General Contractors
14 Cosmetic Art Examiners
16 Dental Examiners
17 Dietetics/Nutrition
18 Electrical Contractors
19 Electrolysis
20 Foresters
21 Geologists
22 Hearing Aid Dealers and Fitters
25 Interpreter/Transliterator (Reserved)
26 Landscape Architects
28 Landscape Contractors
29 Locksmith Licensing Board
30 Massage & Bodywork Therapy
31 Marital and Family Therapy
32 Medical Examiners
33 Midwifery Joint Committee
34 Funeral Service, Board of
36 Nursing
37 Nursing Home Administrators
38 Occupational Therapists
40 Opticians
42 Optometry
44 Osteopathic Examination (Repealed)
45 Pastoral Counselors, Fee-Based Practicing
46 Pharmacy
48 Physical Therapy Examiners
50 Plumbing, Heating & Fire Sprinkler
Contractors
52 Podiatry Examiners
53 Professional Counselors
54 Psychology Board
56 Professional Engineers & Land Surveyors
57 Real Estate Appraisal Board
58 Real Estate Commission
60 Refrigeration Examiners
61 Respiratory Care Board
62 Sanitarian Examiners
63 Social Work Certification
64 Speech & Language Pathologists &
Audiologists
65 Therapeutic Recreation Certification
66 Veterinary Medical Board
68 Substance Abuse Professionals
69 Soil Scientists
1 Housing Finance
2 Agricultural Finance Authority
3 Safety & Health Review
Board
4 Reserved
5 State Health Plan Purchasing
Alliance Board (Repealed)
Note: Title 21 contains the chapters of the various occupational licensing boards and Title 24 contains the chapters of independent agencies.
NORTH CAROLINA REGISTER
Publication Schedule for July 2003 – December 2003
FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY
RULES
Volume &
issue
number
Issue date Last day
for filing
Earliest date for
public hearing
End of required
comment
period
Deadline to submit
to RRC
for review at
next meeting
Earliest Eff.
Date of
Permanent Rule
Delayed Eff. Date of
Permanent Rule
(first legislative
day of the next
regular session)
270th day from publication
in the Register
17:13 01/02/03 12/06/02 01/17/03 03/03/03 03/20/03 05/01/03 05/10/04 09/29/03
17:14 01/15/03 12/19/02 01/30/03 03/17/03 03/20/03 05/01/03 05/10/04 10/12/03
17:15 02/03/03 01/10/03 02/18/03 04/04/03 04/21/03 06/01/03 05/10/04 10/31/03
17:16 02/17/03 01/27/03 03/04/03 04/21/03 04/21/03 06/01/03 05/10/04 11/14/03
17:17 03/03/03 02/10/03 03/18/03 05/02/03 05/20/03 07/01/03 05/10/04 11/28/03
17:18 03/17/03 02/24/03 04/01/03 05/16/03 05/20/03 07/01/03 05/10/04 12/12/03
17:19 04/01/03 03/11/03 04/16/03 06/02/03 06/20/03 08/01/03 05/10/04 12/27/03
17:20 04/15/03 03/25/03 04/30/03 06/16/03 06/20/03 08/01/03 05/10/04 01/10/04
17:21 05/01/03 04/09/03 05/16/03 06/30/03 07/21/03 09/01/03 05/10/04 01/26/04
17:22 05/15/03 04/24/03 05/30/03 07/14/03 07/21/03 09/01/03 05/10/04 02/09/04
17:23 06/02/03 05/09/03 06/17/03 08/01/03 08/20/03 10/01/03 05/10/04 02/27/04
17:24 06/16/03 05/23/03 07/01/03 08/15/03 08/20/03 10/01/03 05/10/04 03/12/04
18:01 07/01/03 06/10/03 07/16/03 09/02/03 09/22/03 11/01/03 05/10/04 03/27/04
18:02 07/15/03 06/23/03 07/30/03 09/15/03 09/22/03 11/01/03 05/10/04 04/10/04
18:03 08/01/03 07/11/03 08/16/03 09/30/03 10/20/03 12/01/03 05/10/04 04/27/04
18:04 08/15/03 07/25/03 08/30/03 10/14/03 10/20/03 12/01/03 05/10/04 05/11/04
18:05 09/02/03 08/11/03 09/17/03 11/03/03 11/20/03 01/01/04 05/10/04 05/29/04
18:06 09/15/03 08/22/03 09/30/03 11/14/03 11/20/03 01/01/04 05/10/04 06/11/04
18:07 10/01/03 09/10/03 10/16/03 12/01/03 12/22/03 02/01/04 05/10/04 06/27/04
18:08 10/15/03 09/24/03 10/30/03 12/15/03 12/22/03 02/01/04 05/10/04 07/11/04
18:09 11/03/03 10/13/03 11/18/03 01/02/04 01/20/04 03/01/04 05/10/04 07/30/04
18:10 11/17/03 10/24/03 12/02/03 01/16/04 01/20/04 03/01/04 05/10/04 08/13/04
18:11 12/01/03 11/05/03 12/16/03 01/30/04 02/20/04 04/01/04 05/10/04 08/27/04
18:12 12/15/03 11/20/03 12/30/03 02/13/04 02/20/04 04/01/04 05/10/04 09/10/04
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling.
Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be published twice
a month and contains the following information
submitted for publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by the Rules
Review Commission;
(5) notices of receipt of a petition for municipal
incorporation, as required by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S. Attorney
General concerning changes in laws affecting
voting in a jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as required by
G.S. 120-30.9H;
(8) orders of the Tax Review Board issued under
G.S. 105-241.2; and
(9) other information the Codifier of Rules
determines to be helpful to the public.
COMPUTING TIME: In computing time in the
schedule, the day of publication of the North Carolina
Register is not included. The last day of the period so
computed is included, unless it is a Saturday, Sunday,
or State holiday, in which event the period runs until
the preceding day which is not a Saturday, Sunday, or
State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on the first
and fifteen of each month if the first or fifteenth of
the month is not a Saturday, Sunday, or State holiday
for employees mandated by the State Personnel
Commission. If the first or fifteenth of any month is
a Saturday, Sunday, or a holiday for State employees,
the North Carolina Register issue for that day will be
published on the day of that month after the first or
fifteenth that is not a Saturday, Sunday, or holiday for
State employees.
LAST DAY FOR FILING: The last day for filing for any
issue is 15 days before the issue date excluding
Saturdays, Sundays, and holidays for State
employees.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING: The hearing
date shall be at least 15 days after the date a notice of
the hearing is published.
END OF REQUIRED COMMENT PERIOD
(1) RULE WITH NON-SUBSTANTIAL
ECONOMIC IMPACT: An agency shall accept
comments on the text of a proposed rule for at least
60 days after the text is published or until the date of
any public hearings held on the proposed rule,
whichever is longer.
(2) RULE WITH SUBSTANTIAL ECONOMIC
IMPACT: An agency shall accept comments on the
text of a proposed rule published in the Register and
that has a substantial economic impact requiring a
fiscal note under G.S. 150B-21.4(b1) for at least 60
days after publication or until the date of any public
hearing held on the rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES REVIEW
COMMISSION: The Commission shall review a rule
submitted to it on or before the twentieth of a month
by the last day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT REGULAR
SESSION OF THE GENERAL ASSEMBLY: This date is
the first legislative day of the next regular session of
the General Assembly following approval of the rule
by the Rules Review Commission. See G.S. 150B-
21.3, Effective date of rules.
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
824
Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency
must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a
later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published
notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60
days.
Statutory reference: G.S. 150B-21.2.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the DENR-Environmental Management Commission intends to
amend the rules cited as 15A NCAC 02B .0225, .0316.
Proposed Effective Date: May 1, 2004
Public Hearing:
Date: December 18, 2003
Time: 2:30 p.m.
Location: Ground Floor Hearing Room, Archdale Building,
512 N. Salisbury St., Raleigh, NC
Reason for Proposed Action: This rulemaking is proposed as
a result of House Bill 566. The proposed permanent rules will
amend the North Carolina Administrative Code (NCAC) to
reflect the appropriate ORW reclassification and management
strategy that were approved for theses waters by the North
Carolina General Assembly as a result of the legislative review
performed under the auspices of House Bill 566. These
proposed rules will assign the ORW classification and the ORQ
management strategy to the 14 miles of Sandy Creek and Swift
Creek that had been identified as possessing excellent water
quality. Furthermore, these proposed rules will assign the ORQ
management strategy to all the waters draining to these 14
miles.
Procedure by which a person can object to the agency on a
proposed rule: The purpose of this announcement is to
encourage those interested in this proposal to provide
comments. The EMC is very interested in all comments
pertaining to the proposed rules. It is very important that all
interested and potentially affected persons or parties make their
views known to the EMC whether in favor of or opposed to any
and all provisions of the proposed rules. You may attend the
public hearing and make relevant verbal comments. The
Hearing Officer may limit the length of time that you may speak
at the public hearing, if necessary, so that all those who wish to
speak may have an opportunity to do so. You may also submit
written comments, data or other relevant information by
February 1, 2003. Written comments may be submitted to
Elizabeth Kountis, DENR/Division of Water Quality, Planning
Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617,
Elizabeth.Kountis@ncmail.net, by calling Elizabeth Kountis at
(919) 733-5083 extension 369, or by fax to (919) 715-5637.
Written comments may be submitted to: Elizabeth Kountis,
DENR/Division of Water Quality, Planning Branch, 1617 Mail
Service Center, Raleigh, NC 27699-1617,
Elizabeth.Kountis@ncmail.net, by calling Elizabeth Kountis at
(919) 733-5083 extension 369, or by fax to (919) 715-5637.
Comment period ends: February 1, 2003
Procedure for Subjecting a Proposed Rule to Legislative
Review: Any person who objects to the adoption of a permanent
rule may submit written comments to the agency. A person may
also submit written objections to the Rules Review Commission.
If the Rules Review Commission receives written and signed
objections in accordance with G.S. 150B-21.3(b2) from 10 or
more persons clearly requesting review by the legislature and the
Rules Review Commission approves the rule, the rule will
become effective as provided in G.S. 150B-21.3(b1). The
Commission will receive written objections until 5:00 p.m. on
the 6th business day preceding the end of the month in which a
rule is approved. The Commission will receive those objections
by mail, delivery service, hand delivery, or facsimile
transmission. If you have any further questions concerning the
submission of objections to the Commission, please call a
Commission staff attorney at 919-733-2721.
Fiscal Impact
State
Local
Substantive (>$3,000,000)
None
CHAPTER 02 - ENVIRONMENTAL MANAGEMENT
SUBCHAPTER 02B - SURFACE WATER AND
WETLAND STANDARDS
SECTION .0200 - CLASSIFICATIONS AND WATER
QUALITY STANDARDS APPLICABLE TO SURFACE
WATERS AND WETLANDS OF NORTH CAROLINA
15A NCAC 02B .0225 OUTSTANDING RESOURCE
WATERS
(a) General In addition to the existing classifications, the
Commission may classify unique and special surface waters of
the state as outstanding resource waters (ORW) upon finding
that such waters are of exceptional state or national recreational
or ecological significance and that the waters have exceptional
water quality while meeting the following conditions:
(1) that the water quality is rated as excellent
based on physical, chemical or biological
information;
(2) the characteristics which make these waters
unique and special may not be protected by the
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
825
assigned narrative and numerical water quality
standards.
(b) Outstanding Resource Values In order to be classified as
ORW, a water body must exhibit one or more of the following
values or uses to demonstrate it is of exceptional state or national
recreational or ecological significance:
(1) there are outstanding fish (or commercially
important aquatic species) habitat and
fisheries;
(2) there is an unusually high level of water-based
recreation or the potential for such recreation;
(3) the waters have already received some special
designation such as a North Carolina or
National Wild and Scenic River, Native or
Special Native Trout Waters, National
Wildlife Refuge, etc, which do not provide any
water quality protection;
(4) the waters represent an important component
of a state or national park or forest; or
(5) the waters are of special ecological or
scientific significance such as habitat for rare
or endangered species or as areas for research
and education.
(c) Quality Standards for ORW
(1) Freshwater: Water quality conditions shall
clearly maintain and be maintained to protect
the outstanding resource values of waters
classified ORW. Management strategies to
protect resource values shall be developed on a
site specific basis during the proceedings to
classify waters as ORW. At a minimum, no
new discharges or expansions of existing
discharges shall be permitted, and stormwater
controls for all new development activities
requiring an Erosion and Sedimentation
Control Plan in accordance with rules
established by the NC Sedimentation Control
Commission or an appropriate local erosion
and sedimentation control program shall be
required to follow the stormwater provisions
as specified in 15A NCAC 2H .1000. Specific
stormwater requirements for ORW areas are
described in 15A NCAC 2H .1007.
(2) Saltwater: Water quality conditions shall
clearly maintain and be maintained to protect
the outstanding resource values of waters
classified ORW. Management strategies to
protect resource values shall be developed on a
site-specific basis during the proceedings to
classify waters as ORW. At a minimum, new
development shall comply with the stormwater
provisions as specified in 15A NCAC 2H
.1000. Specific stormwater management
requirements for saltwater ORWs are
described in 15A NCAC 2H .1007. New
non-discharge permits shall meet reduced
loading rates and increased buffer zones, to be
determined on a case-by-case basis. No
dredge or fill activities shall be allowed if
those activities would result in a reduction of
the beds of submerged aquatic vegetation or a
reduction of shellfish producing habitat as
defined in 15A NCAC 3I .0101(b)(20)(A) and
(B), except for maintenance dredging, such as
that required to maintain access to existing
channels and facilities located within the
designated areas or maintenance dredging for
activities such as agriculture. A public hearing
is mandatory for any proposed permits to
discharge to waters classified as ORW.
Additional actions to protect resource values shall be considered
on a site specific basis during the proceedings to classify waters
as ORW and shall be specified in Paragraph (e) of this Rule.
These actions may include anything within the powers of the
commission. The commission shall also consider local actions
which have been taken to protect a water body in determining
the appropriate state protection options. Descriptions of
boundaries of waters classified as ORW are included in
Paragraph (e) of this Rule and in the Schedule of Classifications
(15A NCAC 2B .0302 through 2B .0317) as specified for the
appropriate river basin and shall also be described on maps
maintained by the Division of Water Quality.
(d) Petition Process. Any person may petition the Commission
to classify a surface water of the state as an ORW. The petition
shall identify the exceptional resource value to be protected,
address how the water body meets the general criteria in
Paragraph (a) of this Rule, and the suggested actions to protect
the resource values. The Commission may request additional
supporting information from the petitioner. The Commission or
its designee shall initiate public proceedings to classify waters as
ORW or shall inform the petitioner that the waters do not meet
the criteria for ORW with an explanation of the basis for this
decision. The petition shall be sent to:
Director
DENR/Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The envelope containing the petition shall clearly bear the
notation: RULE-MAKING PETITION FOR ORW
CLASSIFICATION.
(e) Listing of Waters Classified ORW with Specific Actions
Waters classified as ORW with specific actions to protect
exceptional resource values are listed as follows:
(1) Roosevelt Natural Area [White Oak River
Basin, Index Nos. 20-36-9.5-(1) and
20-36-9.5-(2)] including all fresh and saline
waters within the property boundaries of the
natural area shall have only new development
which complies with the low density option in
the stormwater rules as specified in 15A
NCAC 2H .1005(2)(a) within 575 feet of the
Roosevelt Natural Area (if the development
site naturally drains to the Roosevelt Natural
Area).
(2) Chattooga River ORW Area (Little Tennessee
River Basin and Savannah River Drainage
Area): the following undesignated
waterbodies that are tributary to ORW
designated segments shall comply with
Paragraph (c) of this Rule in order to protect
the designated waters as per Rule .0203 of this
Section. However, expansions of existing
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
826
discharges to these segments shall be allowed
if there is no increase in pollutant loading:
(A) North and South Fowler Creeks;
(B) Green and Norton Mill Creeks;
(C) Cane Creek;
(D) Ammons Branch;
(E) Glade Creek; and
(F) Associated tributaries.
(3) Henry Fork ORW Area (Catawba River
Basin): the following undesignated
waterbodies that are tributary to ORW
designated segments shall comply with
Paragraph (c) of this Rule in order to protect
the designated waters as per Rule .0203 of this
Section:
(A) Ivy Creek;
(B) Rock Creek; and
(C) Associated tributaries.
(4) South Fork New and New Rivers ORW Area
[New River Basin (Index Nos. 10-1-33.5 and
10)]: the following management strategies, in
addition to the discharge requirements
specified in Subparagraph (c)(1) of this Rule,
shall be applied to protect the designated
ORW areas:
(A) Stormwater controls described in
Subparagraph (c)(1) of this Rule shall
apply to waters that are within one
mile and drain draining to the
designated ORW areas;
(B) New or expanded NPDES permitted
wastewater discharges located
upstream of the designated ORW
shall be permitted such that the
following water quality standards are
maintained in the ORW segment:
(i) the total volume of treated
wastewater for all upstream
discharges combined shall
not exceed 50 percent of the
total instream flow in the
designated ORW under
7Q10 conditions; conditions,
which are defined in Rule
.0206(a)(1) of this Section;
(ii) a safety factor shall be
applied to any chemical
allocation such that the
effluent limitation for a
specific chemical constituent
shall be the more stringent of
either the limitation
allocated under design
conditions (pursuant to 15A
NCAC 2B .0206) for the
normal standard at the point
of discharge, or the
limitation allocated under
design conditions for
one-half the normal standard
at the upstream border of the
ORW segment;
(iii) a safety factor shall be
applied to any discharge of
complex wastewater (those
containing or potentially
containing toxicants) to
protect for chronic toxicity
in the ORW segment by
setting the whole effluent
toxicity limitation at the
higher (more stringent)
percentage effluent
determined under design
conditions (pursuant to 15A
NCAC 2B .0206) for either
the instream effluent
concentration at the point of
discharge or twice the
effluent concentration
calculated as if the discharge
were at the upstream border
of the ORW segment;
(C) New or expanded NPDES permitted
wastewater discharges located
upstream of the designated ORW
shall comply with the following:
(i) Oxygen Consuming Wastes:
Effluent limitations shall be
as follows: BOD = 5 mg/1,
and NH3-N = 2 mg/1;
(ii) Total Suspended Solids:
Discharges of total
suspended solids (TSS) shall
be limited to effluent
concentrations of 10 mg/1
for trout waters and to 20
mg/1 for all other waters;
(iii) Emergency Requirements:
Failsafe treatment designs
shall be employed, including
stand-by power capability
for entire treatment works,
dual train design for all
treatment components, or
equivalent failsafe treatment
designs;
(iv) Nutrients: Where nutrient
overenrichment is projected
to be a concern, effluent
limitations shall be set for
phosphorus or nitrogen, or
both.
(5) Old Field Creek (New River Basin): the
undesignated portion of Old Field Creek (from
its source to Call Creek) shall comply with
Paragraph (c) of this Rule in order to protect
the designated waters as per Rule .0203 of this
Section.
(6) In the following designated waterbodies, no
additional restrictions shall be placed on new
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
827
or expanded marinas. The only new or
expanded NPDES permitted discharges that
shall be allowed shall be non-domestic,
non-process industrial discharges. The
Alligator River Area (Pasquotank River Basin)
extending from the source of the Alligator
River to the U.S. Highway 64 bridge including
New Lake Fork, North West Fork Alligator
River, Juniper Creek, Southwest Fork
Alligator River, Scouts Bay, Gum Neck Creek,
Georgia Bay, Winn Bay, Stumpy Creek Bay,
Stumpy Creek, Swann Creek (Swann Creek
Lake), Whipping Creek (Whipping Creek
Lake), Grapevine Bay, Rattlesnake Bay, The
Straits, The Frying Pan, Coopers Creek,
Babbitt Bay, Goose Creek, Milltail Creek,
Boat Bay, Sandy Ridge Gut (Sawyer Lake)
and Second Creek, but excluding the
Intracoastal Waterway (Pungo River-Alligator
River Canal) and all other tributary streams
and canals.
(7) In the following designated waterbodies, the
only type of new or expanded marina that shall
be allowed shall be those marinas located in
upland basin areas, or those with less than 10
slips, having no boats over 21 feet in length
and no boats with heads. The only new or
expanded NPDES permitted discharges that
shall be allowed shall be non-domestic,
non-process industrial discharges.
(A) The Northeast Swanquarter Bay Area
including all waters northeast of a
line from a point at Lat. 35E 23N
51O and Long. 76E 21N 02O thence
southeast along the Swanquarter
National Wildlife Refuge hunting
closure boundary (as defined by the
1935 Presidential Proclamation) to
Drum Point.
(B) The Neuse-Southeast Pamlico Sound
Area (Southeast Pamlico Sound
Section of the Southeast Pamlico,
Core and Back Sound Area); (Neuse
River Basin) including all waters
within an area defined by a line
extending from the southern shore of
Ocracoke Inlet northwest to the
Tar-Pamlico River and Neuse River
basin boundary, then southwest to
Ship Point.
(C) The Core Sound Section of the
Southeast Pamlico, Core and Back
Sound Area (White Oak River Basin),
including all waters of Core Sound
and its tributaries, but excluding
Nelson Bay, Little Port Branch and
Atlantic Harbor at its mouth, and
those tributaries of Jarrett Bay that
are closed to shellfishing.
(D) The Western Bogue Sound Section of
the Western Bogue Sound and Bear
Island Area (White Oak River Basin)
including all waters within an area
defined by a line from Bogue Inlet to
the mainland at SR 1117 to a line
across Bogue Sound from the
southwest side of Gales Creek to
Rock Point, including Taylor Bay and
the Intracoastal Waterway.
(E) The Stump Sound Area (Cape Fear
River Basin) including all waters of
Stump Sound and Alligator Bay from
marker Number 17 to the western end
of Permuda Island, but excluding
Rogers Bay, the Kings Creek
Restricted Area and Mill Creek.
(F) The Topsail Sound and Middle Sound
Area (Cape Fear River Basin)
including all estuarine waters from
New Topsail Inlet to Mason Inlet,
including the Intracoastal Waterway
and Howe Creek, but excluding Pages
Creek and Futch Creek.
(8) In the following designated waterbodies, no
new or expanded NPDES permitted discharges
and only new or expanded marinas with less
than 10 slips, having no boats over 21 feet in
length and no boats with heads shall be
allowed.
(A) The Swanquarter Bay and Juniper
Bay Area (Tar-Pamlico River Basin)
including all waters within a line
beginning at Juniper Bay Point and
running south and then west below
Great Island, then northwest to Shell
Point and including Shell Bay,
Swanquarter and Juniper Bays and
their tributaries, but excluding all
waters northeast of a line from a point
at Lat. 35E 23N 51O and Long. 76E
21N 02O thence southeast along the
Swanquarter National Wildlife
Refuge hunting closure boundary (as
defined by the 1935 Presidential
Proclamation) to Drum Point and also
excluding the Blowout Canal,
Hydeland Canal, Juniper Canal and
Quarter Canal.
(B) The Back Sound Section of the
Southeast Pamlico, Core and Back
Sound Area (White Oak River Basin)
including that area of Back Sound
extending from Core Sound west
along Shackleford Banks, then north
to the western most point of Middle
Marshes and along the northwest
shore of Middle Marshes (to include
all of Middle Marshes), then west to
Rush Point on Harker's Island, and
along the southern shore of Harker's
Island back to Core Sound.
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
828
(C) The Bear Island Section of the
Western Bogue Sound and Bear
Island Area (White Oak River Basin)
including all waters within an area
defined by a line from the western
most point on Bear Island to the
northeast mouth of Goose Creek on
the mainland, east to the southwest
mouth of Queen Creek, then south to
green marker No. 49, then northeast
to the northern most point on Huggins
Island, then southeast along the
shoreline of Huggins Island to the
southeastern most point of Huggins
Island, then south to the northeastern
most point on Dudley Island, then
southwest along the shoreline of
Dudley Island to the eastern tip of
Bear Island.
(D) The Masonboro Sound Area (Cape
Fear River Basin) including all waters
between the Barrier Islands and the
mainland from Carolina Beach Inlet
to Masonboro Inlet.
(9) Black and South Rivers ORW Area (Cape
Fear River Basin) [Index Nos. 18-68-(0.5),
18-68-(3.5), 18-68-(11.5), 18-68-12-(0.5),
18-68-12-(11.5), and 18-68-2]: the following
management strategies, in addition to the
discharge requirements specified in
Subparagraph (c)(1) of this Rule, shall be
applied to protect the designated ORW areas:
(A) Stormwater controls described in
Subparagraph (c)(1) of this Rule shall
apply within one mile and drain
draining to the designated ORW
areas;
(B) New or expanded NPDES permitted
wastewater discharges located one
mile upstream of the stream segments
designated ORW (upstream on the
designated mainstem and upstream
into direct tributaries to the
designated mainstem) shall comply
with the following discharge
restrictions:
(i) Oxygen Consuming Wastes:
Effluent limitations shall be
as follows: BOD = 5 mg/l
and NH3-N = 2 mg/l;
(ii) Total Suspended Solids:
Discharges of total
suspended solids (TSS) shall
be limited to effluent
concentrations of 20 mg/l;
(iii) Emergency Requirements:
Failsafe treatment designs
shall be employed, including
stand-by power capability
for entire treatment works,
dual train design for all
treatment components, or
equivalent failsafe treatment
designs;
(iv) Nutrients: Where nutrient
overenrichment is projected
to be a concern, effluent
limitations shall be set for
phosphorus or nitrogen, or
both.
(v) Toxic substances: In cases
where complex discharges
(those containing or
potentially containing
toxicants) may be currently
present in the discharge, a
safety factor shall be applied
to any chemical or whole
effluent toxicity allocation.
The limit for a specific
chemical constituent shall be
allocated at one-half of the
normal standard at design
conditions. Whole effluent
toxicity shall be allocated to
protect for chronic toxicity
at an effluent concentration
equal to twice that which is
acceptable under flow design
criteria (pursuant to 15A
NCAC 2B .0206).
(10) Lake Waccamaw ORW Area (Lumber River
Basin) [Index No. 15-2]: all undesignated
waterbodies that are tributary to Lake
Waccamaw shall comply with Paragraph (c) of
this Rule in order to protect the designated
waters as per Rule .0203 of this Section.
(11) Swift Creek and Sandy Creek ORW Area
(Tar-Pamlico River Basin) [portion of Index
No. 28-78-(0.5) and Index No. 28-78-1-(14)]:
all undesignated waterbodies that drain to the
designated waters shall comply with Paragraph
(c) of this Rule in order to protect the
designated waters as per Rule .0203 of this
Section and to protect outstanding resource
values found in the designated waters as well
as in the undesignated waters that drain to the
designated waters.
Authority G.S. 143-214.1.
SECTION .0300 - ASSIGNMENT OF STREAM
CLASSIFICATIONS
15A NCAC 02B .0316 TAR-PAMLICO RIVER BASIN
(a) The schedule may be inspected at the following places:
(1) Clerk of Court:
Beaufort County
Dare County
Edgecombe County
Franklin County
Granville County
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
829
Halifax County
Hyde County
Martin County
Nash County
Pamlico County
Person County
Pitt County
Vance County
Warren County
Washington County
Wilson County
(2) North Carolina Department of Environment, Health,
Environment and Natural Resources:
(A) Raleigh Regional Office
3800 Barrett Drive
Raleigh, North Carolina
(B) Washington Regional Office
1424 Carolina Avenue
943 Washington Square Mall
Washington, North Carolina.
(b) Unnamed Streams. All drainage canals not noted in the
schedule are classified "C Sw," except the main drainage canals
to Pamlico Sound and its bays which shall be classified "SC."
(c) The Tar-Pamlico River Basin Schedule of Classification and
Water Quality Standards was amended effective:
(1) March 1, 1977;
(2) November 1, 1978;
(3) June 8, 1980;
(4) October 1, 1983;
(5) June 1, 1984;
(6) August 1, 1985;
(7) February 1, 1986;
(8) August 1, 1988;
(9) January 1, 1990;
(10) August 1, 1990;
(11) August 3, 1992;
(12) April 1, 1994;
(13) January 1, 1996;
(14) September 1, 1996. 1996;
(15) October 2, 2003;
(16) May 1, 2004.
(d) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin has been amended
effective August 1, 1988 as follows:
(1) Tar River (Index No. 28-94) from a point 1.2
miles downstream of Broad Run to the
upstream side of Tranters Creek from Class C
to Class B.
(e) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin has been amended
effective January 1, 1990 by the reclassification of Pamlico
River and Pamlico Sound [Index No. 29-(27)] which includes all
waters within a line beginning at Juniper Bay Point and running
due south to Lat. 35° 18' 00", long. 76° 13' 20", thence due west
to lat. 35° 18' 00", long 76° 20' 00", thence northwest to Shell
Point and including Shell Bay, Swanquarter and Juniper Bays
and their tributaries, but excluding the Blowout, Hydeland
Canal, Juniper Canal and Quarter Canal were reclassified from
Class SA and SC to SA ORW and SC ORW.
(f) The Schedule of Classifications and Water Quality Standards
for the Tar-Pamlico River Basin has been amended effective
January 1, 1990 by adding the supplemental classification NSW
(Nutrient Sensitive Waters) to all waters in the basin from source
to a line across Pamlico River from Roos Point to Persimmon
Tree Point.
(g) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin was amended
effective August 3, 1992 with the reclassification of all water
supply waters (waters with a primary classification of WS-I,
WS-II or WS-III). These waters were reclassified to WS-I, WS-II,
WS-III, WS-IV or WS-V as defined in the revised water
supply protection rules, (15A NCAC 2B .0100, .0200 and .0300)
which became effective on August 3, 1992. In some cases,
streams with primary classifications other than WS were
reclassified to a WS classification due to their proximity and
linkage to water supply waters. In other cases, waters were
reclassified from a WS classification to an alternate appropriate
primary classification after being identified as downstream of a
water supply intake or identified as not being used for water
supply purposes.
(h) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin was amended
effective April 1, 1994 with the reclassification of Blounts Creek
from Herring Run to Blounts Bay [Index No. 29-9-1-(3)] from
Class SC NSW to Class SB NSW.
(i) The Schedule of Classifications and Water Quality Standards
for the Tar-Pamlico River Basin was amended effective January
1, 1996 with the reclassification of Tranters Creek [Index
Numbers 28-103- (4.5), 28-103- (13.5), 28-103- (14.5) and
28-103-(16.5)] from a point 1.5 miles upstream of Turkey
Swamp to the City of Washington's former auxiliary water
supply intake, including tributaries, from Class WS-IV Sw NSW
and Class WS-IV CA Sw NSW to Class C Sw NSW.
(j) The Schedule of Classifications and Water Quality Standards
for the Tar-Pamlico River Basin was amended effective
September 1, 1996 with the addition of Huddles Cut (previously
unnamed in the schedule) classified as SC NSW with an Index
No. of 29-25.5.
(k) The Schedule of Classifications and Water Quality
Standards for the Tar-Pamlico River Basin was temporarily
amended effective October 7, 2003 and permanently amended
May 1, 2004 with the reclassification of a portion of Swift Creek
[Index Number 28-78-(0.5)] and a portion of Sandy Creek
[Index Number 28-78-1-(14)] fro m Nash County SR 1004 to
Nash County SR 1003 from Class C NSW to Class C ORW
NSW, and the waters that drain to these two creek portions to
include only the ORW management strategy as represented by
"+". The "+" symbol as used in this Paragraph means that all
undesignated waterbodies that drain to the portions of the two
creeks referenced in this Paragraph shall comply with Paragraph
(c) of Rule .0225 of this Subchapter in order to protect the
designated waters as per Rule .0203 of this Subchapter and to
protect outstanding resource values found in the designated
waters as well as in the undesignated waters that drain to the
designated waters.
Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1).
* * * * * * * * * * * * * * * * * * * *
Notice is hereby given in accordance with G.S. 150B-21.2 that
the NC Wildlife Resources Commission intends to adopt the
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
830
rules cited as 15A NCAC 10F .0324, .0369-.0370 and amend the
rules cited as 15A NCAC 10F .0317-.0318, .0333, .0347.
Proposed Effective Date: May 1, 2004
Public Hearing:
Date: January 30, 2004
Time: 9:00 a.m.
Location: Archdale Building, Room 332, 3rd floor, 512 N.
Salisbury St., Raleigh, NC
Reason for Proposed Action:
15A NCAC 10F .0317 – To establish a no wake zone within
Stanly County.
15A NCAC 10F .0318 – To establish a no wake zone within
Warren County.
15A NCAC 10F .0324 – To establish a no wake zone within
Davidson County.
15A NCAC 10F .0333 – To establish a no wake zone at Lake
Wylie (between Mecklenburg and Gaston Counties).
15A NCAC 10F .0347 – To establish a no wake zone within
Craven County.
15A NCAC 10F .0369 – To establish a no wake zone within
Swansboro.
15A NCAC 10F .0370 – To establish an exclusionary zone
within territorial jurisdiction of the City of Rocky Mount.
Procedure by which a person can object to the agency on a
proposed rule: Notification of Joan Troy, 1701 Mail Service
Center, Raleigh, NC 27699-1701 or email
joan.troy@ncwildlife.org prior to close of comment period on
February 16, 2004.
Written comments may be submitted to: Joan Troy, 1701
Mail Service Center, Raleigh, NC 27699-1701.
Comment period ends: February 16, 2004
Procedure for Subjecting a Proposed Rule to Legislative
Review: Any person who objects to the adoption of a permanent
rule may submit written comments to the agency. A person may
also submit written objections to the Rules Review Commission.
If the Rules Review Commission receives written and signed
objections in accordance with G.S. 150B-21.3(b2) from 10 or
more persons clearly requesting review by the legislature and the
Rules Review Commission approves the rule, the rule will
become effective as provided in G.S. 150B-21.3(b1). The
Commission will receive written objections until 5:00 p.m. on
the 6th business day preceding the end of the month in which a
rule is approved. The Commission will receive those objections
by mail, delivery service, hand delivery, or facsimile
transmission. If you have any further questions concerning the
submission of objections to the Commission, please call a
Commission staff attorney at 919-733-2721.
Fiscal Impact
State
Local
Substantive (>$3,000,000)
None
CHAPTER 10 - WILDLIFE RESOURCES AND WATER
SAFETY
SUBCHAPTER 10F - MOTORBOATS AND WATER
SAFETY
SECTION .0300 - LOCAL WATER SAFETY
REGULATIONS
15A NCAC 10F .0317 STANLY COUNTY
(a) Regulated Areas. This Rule applies to the following waters
and portions of waters described as follows:
(1) Narrows Reservoir (Badin Lake);
(1) Badin Lake;
(A) Narrows Reservoir.
(B) The mouth of the cove located on the
main channel in the Old Whitney
portion of Badin Lake .
(2) Lake Tillery;
(A) Turner Beach Cove as delineated by
appropriate markers.
(B) Mountain Creek Cove as delineated
by appropriate markers
(b) Speed Limit Near Ramps. No person shall operate a vessel
at greater than no-wake speed within 50 yards of any public boat
launching ramp while on the waters of a regulated area described
in Paragraph (a) of this Rule.
(c) Restricted Swimming Areas. No person operating or
responsible for the operation of a vessel shall permit it to enter
any marked public swimming area established with the approval
of the Executive Director, or his representative, on the waters of
a regulated area described in Paragraph (a) of this Rule.
(d) Speed Limit. No person shall operate a vessel at greater
than no-wake speed within any of the regulated area described in
Paragraph (a) of this Rule:
(e) Placement and Maintenance of Markers. The Board of
Commissioners of Stanly County is hereby designated a suitable
agency for placement and maintenance of the markers
implementing this Rule in accordance with the Uniform System.
Authority G.S. 75A-3; 75A-15.
15A NCAC 10F .0318 WARREN COUNTY
(a) Regulated Area. This Rule applies only to that portion of
Lake Gaston which lies within the boundaries of Warren
County.
(b) Speed Limit Near Ramps. No person shall operate a vessel
at greater than no-wake speed within 50 yards of any public boat
launching ramp while on the waters of Gaston Lake in Warren
County.
(c) Speed Limit in Mooring Areas. No person shall operate a
vessel at greater than no-wake speed while within a lawfully
marked mooring area established with the approval of the
Executive Director, or his representative, on the waters of
Gaston Lake in Warren County.
(d) Restricted Swimming Areas. No person operating or
responsible for the operation of a vessel shall permit it to enter
any lawfully marked public swimming area established with the
approval of the Executive Director, or his representative, on the
waters of Gaston Lake in Warren County.
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
831
(e) Speed Limit in Specific Zones. No person shall operate a
vessel at greater than no-wake speed within 50 yards of the
following marked zone located on the regulated area described
in Paragraph (a) of this Rule: the entrance of the Camp Willow
Run Canoe/Sail Cove.Cove; and the shoreline of the Mariner's
Cove Subdivision 50 yards across State Road 1498 off
Hubquarter Creek on Lake Gaston.
(f) Placement and Maintenance of Markers. The Board of
Commissioners of Warren County is designated a suitable
agency for placement and maintenance of the markers
implementing this Rule, subject to the approval of the United
States Coast Guard and the United States Army Corps of
Engineers. With regard to marking Gaston Lake, all of the
supplementary standards listed in Rule .0301(g) of this Section
shall apply.
Authority G.S. 75A-3; 75A-15.
15A NCAC 10F .0324 DAVIDSON COUNTY
(a) Regulated Areas. This Rule applies only to those portions of
High Rock Lake, Tuckertown Lake, and Badin Lake which lie
within the boundaries of Davidson County.
(b) Speed Limit. No person shall operate a vessel at greater
than no-wake speed:speed within 50 yards of any marked public
boat launching ramp, bridge, dock, marina, boat storage
structure, boat service area or pier while on the waters of High
Rock Lake, Tuckertown Lake, and Badin Lake in Davidson
County.
(1) within 50 yards of any marked public boat
launching ramp, bridge, dock, marina, boat
storage structure, boat service area or pier
while on the waters of High Rock Lake,
Tuckertown Lake, and Badin Lake in
Davidson County; or
(2) within 50 yards on either side of the buoy
located between lots 19 and 39 Silver Hill
Township in the middle of Hi-Roc Shores
Cove.
(c) Speed Limit in Mooring Areas. No person shall operate a
vessel at greater than no-wake speed while within a marked
mooring area established with the approval of the Executive
Director, or his representative, on the waters of High Rock Lake,
Tuckertown Lake, and Badin Lake in Davidson County.
(d) Speed Limit at Mouth of Cove. No person shall operate a
vessel at greater than no-wake speed while within 50 yards on
either side of the mouth of Beaver Dam Creek Cove located on
Badin Lake or in Abbotts Creek Cove of High Rock Lake as
delineated by appropriate markers.
(e) Restricted Swimming Areas. No person operating or
responsible for the operation of a vessel shall permit it to enter
any marked public swimming area established with the approval
of the Executive Director, or his representative, on the waters of
High Rock Lake, Tuckertown Lake, and Badin Lake in
Davidson County.
(f) Placement and Maintenance of Markers. The Board of
Commissioners of Davidson County is designated a suitable
agency for placement and maintenance of the markers
implementing this Rule, subject to the approval of the United
States Coast Guard and the United States Army Corps of
Engineers, if applicable. With regard to marking the regulated
areas described in Paragraph (a) of this Rule, all of the
supplementary standards listed in Rule .0301(g) of this Section
shall apply.
Authority G.S. 75A-3; 75A-15.
15A NCAC 10F .0333 MECKLENBURG AND GASTON
COUNTIES
(a) Regulated Areas. This Rule applies to the following waters
of Lake Wylie in Mecklenburg and Gaston Counties:
(1) McDowell Park – The waters of the coves
adjoining McDowell Park and the Southwest
Nature Preserve in Mecklenburg County,
including the entrances to the coves on either
side of Copperhead Island;
(2) Gaston County Wildlife Club Cove – The
waters of the cove at the Gaston County
Wildlife Club on South Point Peninsula in
Gaston County;
(3) Buster Boyd Bridge- The areas 250 feet to the
north and 150 feet to the south of the Buster
Boyd Bridge;
(4) Highway 27 Bridge – The area beginning 50
yards north of the NC 27 Bridge and extending
50 yards south of the southernmost of two
railroad trestles immediately downstream from
the NC 27 Bridge;
(5) Brown's Cove – The area beginning at the
most narrow point of the entrance to Brown’s
Cove and extending 250 feet in both
directions; and directions;
(6) Paradise Point Cove – The waters of the
Paradise Point Cove between Paradise Circle
and Lakeshore Drive as delineated by
appropriate markers. markers; and
(7) Withers Cove - The area 50 feet on either side
of Withers Bridge.
(b) Speed Limit Near Ramps. No person shall operate a vessel
at greater than no-wake speed within 50 yards of any public
boat-launching ramp in Mecklenburg County.
(c) Speed Limit Near Piers. No person shall operate a vessel at
greater than no-wake speed limit within 50 yards of any pier
operated by Mecklenburg County for public use.
(d) Speed Limit in Mooring Areas. No person shall operate a
vessel at greater than no-wake speed while within a marked
mooring area established in Mecklenburg County with the
approval of the Executive Director, or his representative.
(e) Speed Limit. No person shall operate a vessel at greater
than no-wake speed within any of the regulated areas described
in Paragraph (a) of this Rule.
(f) Restricted Swimming Areas. No person operating a vessel
shall permit it to enter any marked swimming area established in
Mecklenburg County with the approval of the Executive
Director, or his representative.
(g) Speed Limit Near Boating Facilities. No person shall
operate a vessel at greater than no-wake speed within 50 yards of
any boat launching ramp, dock, pier, marina, boat storage
structure or boat service area on that part of Lake Wylie,
including the South Fork River arm, which is located in Gaston
County.
(h) Placement and Maintenance of Markers. The Boards of
Commissioners of Mecklenburg County and Gaston County are
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
832
designated suitable agencies for placement and maintenance of
markers implementing this Rule, subject to the approval of the
United States Coast Guard and the United States Army Corps of
Engineers. With regard to marking the restricted zones indicated
in this Rule, all of the supplementary standards listed in Rule
.0301(g) of this Section shall apply.
Authority G.S. 75A-3; 75A-15.
15A NCAC 10F .0347 CRAVEN COUNTY
(a) Regulated Areas. This Rule applies to the following waters
in Craven County:
(1) that portion of Northwest Creek between the
entrance buoys at Fairfie ld Harbour Marina
and the mouth of Spring Creek, and to all of
Spring Creek, including the bulkheaded area
of Fairfield Harbour, in Craven County;
(2) that area of water between the entrance buoys
of the Olde Towne Lake, from the Trent River
and including all of Olde Towne Lake and the
bulkhead area of Olde Towne Harbour itself;
(3) Matthews Point Marina. That triangular
portion within 300 feet on either side and 150
feet straight off of the main pier at Matthews
Point Marina located on Clubfoot and Mitchell
Creeks, at the end of SR 1711 in the Harlowe
area of Craven County;
(4) that area of water within 50 yards of the fuel
dock at Eastern Carolina Yacht Club. Club;
and
(5) within the curve at the public dock in Brices
Creek adjacent to Creekside Park.
(b) Speed Limit. No person shall operate any vessel at greater
than no-wake speed within the regulated areas described in
Paragraph (a) of this Rule.
(c) Green Springs Boys Club Swimming Area - No person shall
operate a vessel within the Green Springs Boys Club Swimming
Area along the Neuse River as designated by marker buoys and
float lines.
(d) Placement and Maintenance of Markers. The Board of
Commissioners of Craven County is hereby designated a
suitable agency for placement and maintenance of the markers
implementing this Rule, subject to the approval of the United
States Coast Guard and the United States Army Corps of
Engineers.
Authority G.S. 75A-3; 75A-15.
15A NCAC 10F .0369 TOWN OF SWANSBORO
(a) Regulated Area. This Rule applies to the waters of the New
River from the Highway 24 bridge southward toward Casper's
Marina, approximately 50 yards from the east shoreline of the
Swansboro Town limits and marked by buoys.
(b) Speed Limit. No person shall operate any motorboat or
vessel at greater than no-wake speed within any of the regulated
area described in Paragraph (a) of this Rule.
(c) Placement and Maintenance of Markers. The Town of
Swansboro is designated a suitable agency for placement and
maintenance of the markers implementing this Rule.
Authority G.S. 71A-15; 72A-3.
15A NCAC 10F .0370 CITY OF ROCKY MOUNT
(a) Regulated Areas. This Rule applies to the area 100 yards
upstream from North Carolina SR 43 Bridge, also known as the
Peachtree Street Bridge, to the edge of the Rocky Mount Mill
Dam on the Tar River.
(b) Swimming or boating. No swimming or other entry of a
person in or upon a boat, raft or other floating object shall be
permitted within the exclusion zone established in Paragraph (a)
of this Rule.
(c) Paragraph (b) of this Rule shall not apply to persons who,
with consent of the City of Rocky Mount, require access for the
purpose of maintaining or repairing facilities associated with the
Rocky Mount Mill Dam or the Rocky Mount Mill.
(d) Placement and Maintenance of Markers. The city of Rocky
Mount, is designated as a suitable entity for placement and
maintenance of buoys and other signs indicating the areas in
which boating and swimming are prohibited by this Rule.
Authority G.S. 75A-3; 75A-15.
* * * * * * * * * * * * * * * * * * * *
Notice is hereby given in accordance with G.S. 150B-21.2 that
the DENR – Commission for Health Services intends to amend
the rules cited as 15A NCAC 18A .1935, .1942, .1969.
Proposed Effective Date: April 1, 2004
Public Hearing:
Date: January 15, 2004
Time: 10:00 a.m.
Location: DEH Training Room 1A 224, Parker Lincoln
Building, 2728 Capital Blvd.
Reason for Proposed Action: Rules .1935 and .1942 are
proposed for amendment based on a recommended decision and
final agency decision in Stephenson v. DENR to adopt
temporary rules and a subsequent petition to the Commission for
Health Services to amend the temporary rule and finally, to
adopt a permanent rule that incorporates methods and
procedures for the uniform determination of soil wetness for
sites that are monitored, modeled, or a combination for the
determination of a reasonable seasonally high water table. Rule
.1969 is proposed for technical amendment as required in G.S.
130A-343 as amended by the NC General Assembly for the
approval of experimental, controlled demonstration, innovative,
and accepted wastewater systems, components, and devices.
Procedure by which a person can object to the agency on a
proposed rule: Persons may submit objections to these Rules
by contacting Steve J. Steinbeck, 1642 Mail Service Center,
Raleigh, NC 27699-1642, voice mail (919) 715-3273, fax (919)
715-3227, and email steve.steinbeck@ncmail.net.
Written comments may be submitted to: Steve J. Steinbeck,
1642 Mail Service Center, Raleigh, NC 27699-1642, phone
(919) 715-3273 or 1-800-9SEWAGE, fax (919) 715-3227, and
email steve.steinbeck@ncmail.net.
Comment period ends: January 30, 2004
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
833
Procedure for Subjecting a Proposed Rule to Legislative
Review: Any person who objects to the adoption of a permanent
rule may submit written comments to the agency. A person may
also submit written objections to the Rules Review Commission.
If the Rules Review Commission receives written and signed
objections in accordance with G.S. 150B-21.3(b2) from 10 or
more persons clearly requesting review by the legislature and the
Rules Review Commission approves the rule, the rule will
become effective as provided in G.S. 150B-21.3(b1). The
Commission will receive written objections until 5:00 p.m. on
the 6th business day preceding the end of the month in which a
rule is approved. The Commission will receive those objections
by mail, delivery service, hand delivery, or facsimile
transmission. If you have any further questions concerning the
submission of objections to the Commission, please call a
Commission staff attorney at 919-733-2721.
Fiscal Impact
State
Local
Substantive (>$3,000,000)
None
CHAPTER 18 - ENVIRONMENTAL HEALTH
SUBCHAPTER 18A – SANITATION
SECTION .1900 - SEWAGE TREATMENT AND
DISPOSAL SYSTEMS
15A NCAC 18A .1935 DEFINITIONS
The following definitions shall apply throughout this Section:
(1) "Alluvial Soils" means stratified soils without
distinct horizons, deposited by flood waters.
(2) "Alternative System" means any approved
ground absorption sewage treatment and
disposal system other than an approved privy
or an approved septic tank system.
(3) "Approved" means that which has been
considered acceptable to the State or local
health department.
(4) "Approved Privy" means a fly-tight structure
consisting of a pit, floor slab, and seat riser
constructed in accordance with Rule .1959 of
this Section.
(5) "Approved Public or Community Sewage
System" means a single system of sewage
collection, treatment, and disposal owned and
operated by a sanitary district, a metropolitan
sewage district, a water and sewer authority, a
county or municipality, or a public utility,
constructed and operated in compliance with
applicable requirements of the Division of
Environmental Management.
(6) "Areas subject to frequent flooding" means
those areas inundated at a 10-year or less
frequency and includes alluvial soils and areas
subject to tidal or storm overwash.
(7) "Collection sewer" means gravity flow
pipelines, force mains, effluent supply lines,
and appliances appurtenant thereto, used for
conducting wastes from building drains to a
treatment system or to a ground absorption
sewage treatment and disposal system.
(8) "Designated wetland" means an area on the
land surface established under the provisions
of the Coastal Area Management Act or the
Federal Clean Water Act.
(9) "Design unit" means one or more dwelling
units, places of business, or places of public
assembly on:
(a) a single lot or tract of land;
(b) multip le lots or tracts of land served
by a common ground absorption
sewage treatment and disposal
system; or
(c) a single lot or tract of land or multiple
lots or tracts of land where the
dwelling units, places of business or
places of public assembly are under
multiple ownership (e.g.
condominiums) and are served by a
ground absorption system or multiple
ground absorption systems which are
under common or joint ownership or
control.
(10) "Dwelling unit" means any room or group of
rooms located within a structure and forming a
single, habitable unit with facilities which are
used or intended to be used for living,
sleeping, bathing, toilet usage, cooking, and
eating.
(11) "Effluent" means the liquid discharge of a
septic tank or other sewage treatment device.
(12) "Estimated saturated hydraulic conductivity" -
means a saturated hydraulic conductivity value
based upon the soil profile evaluation and
description of the soil texture, soil structure,
soil consistency, soil pores, and roots
following the procedures in Field Book for
Describing and Sampling of Soils, NRCS,
USDA and comparison to soil profile saturated
hydraulic conductivity data for soil input files
for similar soils. The Field Book is hereby
incorporated by reference, including any
subsequent amendments and editions, in
accordance with G.S. 150B-21.6. Copies of the
Field Book may be inspected at the Division of
Environmental Health Raleigh Office, 2728
Capital Boulevard, Raleigh, 27604, and copies
may be downloaded at no cost from the
internet at
http://soils.usda.gov/procedures/field_bk/main.
htm#intro, or obtained from the National Soil
Survey Center, MS 34, Room 152,100
Centennial Mall North, Lincoln, NE 68508-
3866.
(12)(13) "Ground absorption sewage treatment and
disposal system" means a system that utilizes
the soil for the subsurface disposal of partially
treated or treated sewage effluent.
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
834
(13)(14) "Horizon" means a layer of soil, approximately
parallel to the surface, that has distinct
characteristics produced by soil forming
processes.
(15) "Horizon subdivision" - means a portion of a
horizon, approximately parallel to the surface
that has distinct characteristics produced by
soil forming processes.
(16) "Lateral water movement" - means the
movement of water down slope on sites of at
least a four percent slope and above a less
permeable horizon, and as observed
periodically in bore holes, excavations, or
monitoring wells.
(14)(17) "Local health department" means any county,
district, or other health department authorized
to be organized under the General Statutes of
North Carolina.
(18) "Matrix" - means a volume equivalent to 50
percent or greater of the total volume of a
horizon or horizon subdivision.
(15)(19) "Mean high water mark" means, for coastal
waters having six inches or more lunar tidal
influence, the average height of the high water
over a 19 year period as may be ascertained
from National Ocean Survey or U.S. Army
Corps of Engineers tide stations data or as
otherwis e determined under the provisions of
the Coastal Area Management Act.
(20) "Mottle" - means a feature(s) which occupies
less than 50 percent of the total volume of a
horizon or horizon subdivision.
(16)(21) "Naturally occurring soil" means soil formed
in place due to natural weathering processes
and being unaltered by filling, removal, or
other man-induced changes other than tillage.
(17)(22) "Nitrification field" means the area in which
the nitrification lines are located.
(18)(23) "Nitrification lines" means approved pipe,
specially designed porous blocks, or other
approved materials which receive partially
treated sewage effluent for distribution and
absorption into the soil beneath the ground
surface.
(19)(24) "Nitrification trench", also referred to as a
sewage absorption trench, means a ditch into
which a single nitrification line is laid and
covered by soil.
(20)(25) "Non-ground absorption sewage treatment
system" means a facility for waste treatment
designed not to discharge to the soil, land
surface, or surface waters, including but not
limited to, approved vault privies, incinerating
toilets, mechanical toilets, composting toilets,
chemical toilets, and recycling systems.
(21)(26) "Organic soils" means those organic mucks
and peats consisting of more than 20 percent
organic matter (by dry weight) and 18 inches
or greater in thickness.
(22)(27) "Parent material" means the mineral matter
that is in its present position through
deposition by water, wind, gravity or by
decomposition of rock and exposed at the land
surface or overlain by soil or saprolite.
(23)(28) "Ped" means a unit of soil structure, such as an
aggregate, crumb, prism, block, or granule
formed by natural processes.
(24)(29) "Perched water table" means a saturated soil
horizon or horizon subdivision, with a free
water surface periodically observed in a bore
hole or shallow monitoring well, but generally
above the normal water table, or may be as
identified by drainage mottles or
redoximorphic features, and caused by a less
permeable lower horizon.
(25)(30) "Person" means any individual, firm,
association, organization, partnership, business
trust, corporation, company, or unit of local
government.
(26)(31) "Place of business" means any store,
warehouse, manufacturing establishment,
place of amusement or recreation, service
station, foodhandling establishment, or any
other place where people work or are served.
(27)(32) "Place of public assembly" means any
fairground, auditorium, stadium, church,
campground, theater, school, or any other
place where people gather or congregate.
(28)(33) "Privy building" means and includes any and
all buildings which are used for privacy in the
acts of urination and defecation which are
constructed over pit privies and are not
connected to a ground absorption sewage
treatment and disposal system or a public or
community sewage system.
(29)(34) "Public management entity" means a city (G.S.
160A, Article 16), county (G.S. 153A, Article
15), interlocal contract (G.S. 153A, Article
16), joint management agency (G.S. 160A-461
-462), county service district (G.S. 153A,
Article 16), county water and sewer district
(G.S. 162A, Article 6), sanitary district (G.S.
130A, Article 2), water and sewer authority
(G.S. 162A, Article 1), metropolitan water
district (G.S. 162A, Article 4), metropolitan
sewerage district (G.S. 162A, Article 5),
public utility [G.S. 62-3(23)], county or
district health department (G.S. 130A, Article
2), or other public entity legally authorized to
operate and maintain on-site sewage systems.
(35) "Redoximorphic features" - means a color
pattern of a horizon or horizon subdivision due
to a loss (depletion) or gain (concentration) of
pigment compared to the matrix color, formed
by oxidation/reduction of Fe and/or Mn
coupled with their removal, translocation, or
accrual; or a soil matrix color controlled by the
presence of Fe+2 (see Field Book for
Describing and Sampling of Soils, NRCS,
USDA which is hereby incorporated by
reference, including any subsequent
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
835
amendments and editions, in accordance with
G.S. 150B-21.6.
(30)(36) "Relocation" means the displacement of a
residence, place of business, or place of public
assembly from one location to another.
(31)(37) "Repair area" means an area, either in its
natural state or which is capable of being
modified, consistent with these Rules, which is
reserved for the installation of additional
nitrification fields and is not covered with
structures or impervious materials.
(32)(38) "Residence" means any home, hotel, motel,
summer camp, labor work camp, mobile
home, dwelling unit in a multiple-family
structure, or any other place where people
reside.
(33)(39) "Restrictive horizon" means a soil horizon that
is capable of perching ground water or sewage
effluent and that is brittle and strongly
compacted or strongly cemented with iron,
aluminum, silica, organic matter, or other
compounds. Restrictive horizons may occur
as fragipans, iron pans or organic pans, and are
recognized by their resistance in excavation or
in using a soil auger.
(34)(40) "Rock" means the body of consolidated or
partially consolidated material composed of
minerals at or below the land surface. Rock
includes bedrock and partially weathered rock
that is relatively hard and cannot be dug with
hand tools. The upper boundary of rock is
"saprolite", "soil", or the land surface.
(35)(41) "Sanitary system of sewage treatment and
disposal" means a complete system of sewage
collection, treatment and disposal, including
approved privies, septic tank systems,
connection to public or community sewage
systems, incinerators, mechanical toilets,
composting toilets, recycling toilets,
mechanical aeration systems, or other such
systems.
(36)(42) "Saprolite" means the body of porous material
formed in place by weathering of igneous or
metamorphic rocks. Saprolite has a massive,
rock-controlled structure, and retains the fabric
(arrangement of minerals) of its parent rock in
at least 50 percent of its volume. Saprolite can
be dug with hand tools. The lower limit of
saprolite is "rock" and its upper limit is "soil"
or the land surface. The term "saprolite" does
not include sedimentary parent materials.
(43) "Saturated soils " - means a horizon or horizon
subdivision with a free water surface at the
corresponding depth and observed in a bore
hole or monitoring well.
(37)(44) "Septic tank" means a water-tight, covered
receptacle designed for primary treatment of
sewage and constructed to:
(a) receive the discharge of sewage from
a building;
(b) separate settleable and floating solids
from the liquid;
(c) digest organic matter by anaerobic
bacterial action;
(d) store digested solids through a period
of detention; and
(e) allow clarified liquids to discharge
for additional treatment and final
disposal.
(38)(45) "Septic tank system" means a subsurface
sanitary sewage system consisting of a septic
tank and a subsurface disposal field.
(39)(46) "Sewage" means the liquid and solid human
waste and liquid waste generated by
water-using fixtures and appliances, including
those associated with food handling. The term
does not include industrial process wastewater
or sewage that is combined with industrial
process wastewater.
(40)(47) "Site" means the area in which the sewage
treatment and disposal system is to be located
and the area required to accommodate repairs
and replacement of nitrification field and
permit proper functioning of the system.
(41)(48) "Soil" means the naturally occurring body of
porous mineral and organic materials on the
land surface. Soil is composed of sand-, silt-,
and clay-sized particles that are mixed with
varying amounts of larger fragments and some
organic material. Soil contains less than 50
percent of its volume as rock, saprolite, or
coarse-earth fraction (mineral particles greater
than 2.0 millimeters). The upper limit of the
soil is the land surface, and its lower limit is
"rock", "saprolite", or other parent materials.
(49) "Soil series" - means an official series name
established by NRCS, USDA and confirmed to
be present on the site by detailed on-site soil
profile descriptions and taxonomic
classification, and not necessarily the soil
series mapped on the county soil survey.
(42)(50) "Soil structure" means the arrangement of
primary soil particles into compound particles,
peds, or clusters that are separated by natural
planes of weakness from adjoining aggregates.
(43)(51) "Soil textural classes" means soil classification
based upon size distribution of mineral
particles in the fine-earth fraction less than two
millimeters in diameter. The fine-earth
fraction includes sand (2.0 - 0.05 mm in size),
silt (less than 0.05 mm - 0.002 mm or greater
in size), and clay (less than 0.002 mm in size)
particles. The specific textural classes are
defined as follows and as shown in Soil
Taxonomy, Appendix I, which is hereby
adopted by reference in accordance with G.S.
150B-14(c):
(a) "Sand" means soil material that
contains 85 percent or more of sand;
the percentage of silt plus 1.5 times
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
836
the percentage of clay shall not
exceed 15.
(b) "Loamy sand" means soil material
that contains at the upper limit 85 to
90 percent sand, and the percentage
silt plus 1.5 times the percentage of
clay is not less than 15; at the lower
limit it contains not less than 70 to 85
percent sand, and the percentage of
silt plus twice the percentage of clay
does not exceed 30.
(c) "Sandy loam" means soil material
that contains either 20 percent clay or
less, and the percentage of silt plus
twice the percentage of clay exceeds
30, and contains 52 percent or more
sand; or less than seven percent clay,
less than 50 percent silt, and between
43 and 52 percent sand.
(d) "Loam" means soil material that
contains seven to 27 percent clay, 28
to 50 percent silt, and less than 52
percent sand.
(e) "Silt loam" means soil material that
contains 50 percent or more silt and
12 to 27 percent clay; or contains 50
to 80 percent silt and less than 12
percent clay.
(f) "Silt" means soil material that
contains 80 percent or more silt and
less than 12 percent clay.
(g) "Sandy clay loam" means soil
material that contains 20 to 35
percent clay, less than 28 percent silt,
and 45 percent or more sand.
(h) "Clay loam" means soil material that
contains 27 to 40 percent clay and 20
to 45 percent sand.
(i) "Silty clay loam" means soil material
that contains 27 to 40 percent clay
and less than 20 percent sand.
(j) "Sandy clay" means soil material that
contains 35 percent or more clay and
45 percent or more sand.
(k) "Silty clay" means soil material that
contains 40 percent or more clay and
40 percent or more silt.
(l) "Clay" means soil material that
contains 40 percent or more clay, less
than 45 percent sand, and less than 40
percent silt.
(44)(52) "State" means the Department of Environment,
Health, Environment and Natural Resources,
Division of Environmental Health.
(45)(53) "Stream" means a natural or manmade
channel, including groundwater lowering
ditches and devices, in which water flows or
stands most of the year.
(46)(54) "Subsurface disposal" means the application of
sewage effluent beneath the surface of the
ground by distribution through approved
nitrification lines.
Authority G.S. 130A-335(e) and (f).
15A NCAC 18A .1942 SOIL WETNESS CONDITIONS
(a) Soil wetness conditions caused by a seasonal high-water
table, perched water table, tidal water, seasonally saturated soils
or by lateral water movement shall be determined by
observations of colors of chroma 2 or less (Munsell color chart)
in mottles or a solid mass. If drainage modifications have been
made, the Department may make a determination of the soil
wetness conditions by direct observations of the water surface
during periods of typically high water elevations. However,
colors of chroma 2 or less which are relic from minerals of the
parent material shall not be considered indicative of a soil
wetness condition. Sites where soil wetness conditions are
greater than 48 inches below the naturally occurring soil surface
shall be considered SUITABLE with respect to soil wetness.
Sites where soil wetness conditions are between 36 inches and
48 inches below the naturally occurring soil surface shall be
considered PROVISIONALLY SUITABLE with respect to soil
wetness. Sites where soil wetness conditions are less than 36
inches below the naturally occurring soil surface shall be
considered UNSUITABLE with respect to soil wetness.
(b) Where the site is UNSUITABLE with respect to soil
wetness conditions, it may be reclassified PROVISIONALLY
SUITABLE after an investigation indicates that a modified or
alternative system can be installed in accordance with Rule
.1956 or Rule .1957 of this section.
(a) Soil wetness conditions caused by seasonal high-water table,
perched water table, tidal water, seasonally saturated soil or by
lateral water movement shall be determined by field evaluation
for soil wetness colors and field observations, and may be
assessed by well monitoring, computer modeling, or a
combination of monitoring and modeling as required by this
Rule. All sites shall be evaluated by an Authorized Agent of the
Department using Basic Field Evaluation Procedures pursuant to
Paragraph (b) of this Rule.
(b) Basic Fie ld Evaluation Procedures:
(1) A soil wetness condition shall be determined
by the indication of colors of chroma 2 or less
(Munsell Color Charts) at =2% of soil volume
in mottles or matrix of a horizon or horizon
subdivision. However, colors of chroma 2 or
less which are relic from minerals of the parent
material shall not be considered indicative of a
soil wetness condition.
(2) A Soil wetness condition shall also be
determined by the periodic direct observation
or indication of saturated soils or a perched
water table, or lateral water movement flowing
into a bore hole, monitoring well, or open
excavation above a less permeable horizon or
horizon subdivision, that may occur without
the presence of colors of chroma 2 or less. A
soil wetness condition caused by saturated
soils or a perched water table shall be
confirmed to extend for at least three
consecutive days. The shallowest depth to soil
wetness condition determined by
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
837
Subparagraph (b)(1) or (b)(2) of this Rule shall
take precedence.
(c) Site Suitability as to Soil Wetness: Initial suitability of the
site as to soil wetness shall be determined based upon the
findings of the Basic Field Evaluation Procedures made pursuant
to Paragraph (b) of this Rule. Sites where soil wetness conditions
are greater than 48 inches below the naturally occurring soil
surface shall be considered SUITABLE with respect to soil
wetness. Sites where soil wetness conditions are between 36 and
48 inches below the naturally occurring soil surface shall be
considered PROVISIONALLY SUITABLE with respect to soil
wetness. Sites where soil wetness conditions are less than 36
inches below the naturally occurring soil surface shall be
considered UNSUITABLE with respect to soil wetness. Sites
where a soil wetness condition is determined based upon the
observation or indication of lateral water movement within 48
inches of the naturally occurring soil surface shall be considered
UNSUITABLE, except when such water can be intercepted in
accordance with 15A NCAC 18A .1956(4).
(d) Alternative Procedures for Soil Wetness Determination: The
Owner or the Owner's Legal Representative (Applicant) shall
have the opportunity to submit documentation that the soil
wetness condition and resultant site classification be alternately
determined and reclassified by direct monitoring, computer
modeling, or a combination of monitoring and modeling, in
accordance with a Direct Monitoring Procedure, Monitoring and
Modeling Procedure, or Modeling Procedure made pursuant to
Paragraphs (e), (f), or (g) of this Rule. This determination shall
take precedence over the determination made pursuant to the
Basic Field Evaluation Procedures [Paragraph (b) of this Rule],
when the conditions of Paragraphs (e), (f), or (g) of this Rule are
met. Determination by one of these Monitoring or Modeling
procedures shall also be required when:
(1) the Owner proposes to use a wastewater
system requiring a deeper depth to a soil
wetness condition than the depth determined
by the Basic Field Evaluation Procedures
pursuant to Paragraph (b) of this Rule; or
(2) the Owner proposes to use sites with Group III
or IV soil within 36 inches of the surface and
where drainage modifications are proposed to
be made, including the installation of
subsurface drain tile, open drainage ditches, or
surface landscape modifications, or on such
sites when fill is proposed to be used in
conjunction with existing or proposed drainage
modifications. Final determination of soil
wetness condition for these sites shall be made
pursuant to the Modeling Procedure in
Paragraph (g) of this Rule.
(e) Direct Monitoring Procedure. Soil wetness conditions may
be determined by direct observation of the water surface in wells
during periods of typically high water elevations utilizing the
following monitoring procedures and interpretation method.
(1) The applicant shall notify the local health
department of the intent to monitor water
surface elevations by submitting a proposal
that includes a site plan, well and soil profile at
each monitoring location, and a monitoring
plan no later than 30 days prior to the
monitoring period. An applicant other than the
property owner shall have written
authorization from the owner to be the owner’s
legal representative. Soil wetness and rainfall
monitoring shall be conducted under the
responsible charge of a third-party
consultant(s), licensed or registered in
accordance with G.S. 89C (Engineers), G.S.
89E (Geologists), G.S. 89F (Soil Scientists), or
G.S. 90A Article 4 (Registered Sanitarians), or
by the property owner/applicant. The Owner
shall submit the name(s) of the consultant(s)
performing any monitoring on their behalf to
the local health department.
(2) The applicant shall submit a site plan showing
proposed sites for wastewater system, shall
provide the longitude and latitude of the site,
location of monitoring wells, and all drainage
features that may influence the soil wetness
conditions, and specify any proposed fill and
drainage modifications.
(3) The applicant shall submit a monitoring plan
indicating the proposed number, installation
depth, screening depth, soil and well profile,
materials and installation procedures for each
monitoring well, and proposed method of
analysis. A minimum of three water level
monitoring wells shall be installed for water
surface observation at each site. Additional
wells shall be required for sites handling
systems with a design flow greater than 600
gallons per day (minimum of one additional
well per 600 gallons per day increment).
(4) The local health department shall be given the
opportunity to conduct a site visit and verify
the appropriateness of the proposed plan. Well
locations shall include portions of the initial
and replacement drainfield site(s) containing
the most limiting soil/site conditions. Prior to
installation of the wells the local health
department shall approve the plan. If the plan
is disapproved, the local health department
shall include specific changes necessary for
approval of the monitoring plan.
(5) Wells shall extend at least five feet below the
natural soil surface, or existing soil surface for
fill installed prior to July 1, 1977 meeting the
requirements for consideration of a site with
existing fill of G.S. 130A-341 and the rules
adopted pursuant thereto. However, a well or
wells which extend(s) down only 40 inches
may be used if they provide a continuous
record of the water table for at least half of the
monitoring period, and one or more shallower
wells may be required on sites where shallow
lateral water movement or perched soil
wetness conditions are anticipated.
(6) Water surface in the monitoring wells shall be
recorded at least daily from January 1 to April
30, taken at the same time during the day (plus
or minus three hours). A rain (precipitation)
gauge is required within one-half mile of the
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
838
site. At least daily rainfall shall be recorded
beginning no later than December 1 through
April 30 (the end of the well monitoring
period).
(7) Interpretation Method for Direct Monitoring
Procedure: The following method of
determining depth to soil wetness condition
from water surface observations in wells shall
be used when the 60-day weighted rainfall
index for the January through April monitoring
period equals or exceeds the site’s long-term
(historic) 60-day weighted rainfall index for
January to April rainfall with a 30 percent
recurrence frequency (wetter than the 9th
driest year of 30, on average). The 60-day
weighted rainfall index for the monitoring
period and historic rainfall record shall be
computed as:
WRI60 = 0.5PD + PJ + PF + PM + 0.5PA
Where WRI60 = 60-day weighted rainfall index for January to April
PD = Total December rainfall
PJ = Total January rainfall
PF = Total February rainfall
PM = Total March rainfall
PA = Total April rainfall
The Department shall prepare contour maps
for each county where this interpretation
procedure is proposed. Contours shall be
prepared following standard interpolation
procedures using normalized data collected
from all National Weather Service Stations, or
equivalent, from which appropriate data are
available, at least prior to February 1 of the
monitoring season. Data from each station
shall be normalized by fitting a 2-parameter
gamma distribution to the 60-day weighted
rainfall index computed for at least the most
recent three decades of historic data, in
accordance with procedures outlined in
Chapter 18 of the National Engineering
Handbook, NRCS, USDA. From this fitted
distribution, the 60-day weighted rainfall index
for January through April rainfall with a 30%,
50%, 70% and 80% recurrence frequency shall
be computed for each Station, to provide the
raw data points from which the contour maps
shall be prepared. From these maps, the site's
60-day weighted rainfall index for the January
through April monitoring period shall be
compared to the long-term (historic) January
to April 60-day weighted rainfall index at
different expected recurrence frequencies. The
soil wetness condition shall be determined as
the highest level that is continuously saturated
for the number of consecutive days during the
January through April monitoring period
shown in the following table:
Recurrence Frequency Range
January to April 60-Day
Weighted Rainfall Index
Number of Consecutive Days
of Continuous Saturation
for Soil Wetness Condition
30% to 49.9% 3 days or 72 hours
50% to 69.9% 6 days or 144 hours
70% to 79.9% 9 days or 216 hours
80% to 100% 14 days or 336 hours
(8) If monitoring well data is collected during
monitoring periods that span multiple years,
the year which yields the highest
(shallowest) soil wetness condition shall be
applicable.
(f) Monitoring and Modeling Procedure: A combination of
monitoring and modeling may be used to determine a soil
wetness condition utilizing the following monitoring
procedures and interpretation method.
(1) The procedures described for the Direct
Monitoring Procedure in Subparagraphs
(e)(1), (2), (3), (4), (5), and (6) of this Rule
shall be used to monitor water surface
elevation and precipitation for determining
soil wetness conditions by a combination of
direct observation and modeling, except that
the rainfall gauge and each monitoring well
shall use a recording device and a data file
(DRAINMOD-compatible) shall be
submitted with the report to the local health
department (devices shall record rainfall at
least hourly and well water level at least
daily).
(2) The ground water simulation model
DRAINMOD shall be used to predict daily
water levels over at least a 30 year historic
time period after the model is calibrated
using the water surface and rainfall
observations made on-site during the
monitoring period. The soil wetness
condition shall be determined as the highest
level predicted by the model to be saturated
for a 14-day continuous period between
January 1 and April 30 with a recurrence
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
839
frequency of 30 percent (an average of at
least nine years in 30).
(A) Weather input files, required to run
the DRAINMOD, shall be
developed from hourly rainfall
gauge data taken within a half-mile
of the site and from daily
temperature and hourly or daily
rainfall data collected over a
minimum 30-year period from the
closest available National Weather
Service, or equivalent, measuring
station to the site. DRAINMOD
weather data files on file with the
Department shall be made available
upon request to the applicant or
applicant's consultants. Daily
maximum and minimum
temperature data for the January 1
through April 30 monitoring
period, plus for at least 30 days
prior to this period, shall be
obtained from the closest available
weather station.
(B) Soil and Site inputs for
DRAINMOD, including a soils
data file closest to the soil series
identified, depths of soil horizons,
estimated saturated hydraulic
conductivity of each horizon, depth
and spacing of drainage features
and depression storage, shall be
selected in accordance with
procedures outlined in the
DRAINMOD Users Guide, and
guidance is also available in
Reports 333 and 342 of the
University of North Carolinas
Water Resources Research
Institute. DRAINMOD soils data
files on file with the Department
shall be made available upon
request to the applicant or
applicant’s consultants.
(C) Inputs shall be based upon site
specific soil profile descriptions
Soil and site input factors shall be
adjusted during the model
calibration process to achieve a
best fit by least squares analysis of
the daily observations over the
whole monitoring period (mean
absolute deviation between
measured and predicted values no
greater than eight inches), and to
achieve the best possible match
between the highest water table
depth during the monitoring period
(measured-vs-predicted) that is
saturated for 14 consecutive days.
(D) For sites intended to receive over
1500 gallons per day, the soil
wetness determination using
DRAINMOD shall take into
consideration the impact of
wastewater application on the
projected water table surface.
(E) The ground water simulation
analysis shall be prepared and
submitted to the local health
department by individuals qualified
to use DRAINMOD by training
and experience and who are
licensed or registered in North
Carolina if required in G.S. 89C
(Engineers), G.S. 89E (Geologists),
and G.S. 89F (Soil Scientists). The
local health department or Owner
may request a technical review by
the Department prior to approval of
the soil wetness condition
determination.
(g) Modeling Procedure: A soil wetness condition may be
determined by application of DRAINMOD to predict daily
water levels over at least a 30 year historic time period after
all site-specific input parameters have been obtained, as
outlined in the DRAINMOD Users Guide. This modeling
procedure shall be used when a ground water lowering system
is proposed for a site with Group III or IV soils within 36
inches of the naturally occurring soil surface. This procedure
shall also be used to evaluate sites with Group III or IV soils
within 36 inches of the naturally occurring soil surface, where
the soil wetness condition was initially determined using a
procedure described in Paragraphs (e) or (f) of this Rule and
where drainage modifications are proposed or when fill is
proposed to be used in conjunction with existing or proposed
drainage modifications. The soil wetness condition shall be
determined as the highest level predicted by the model to be
saturated for a 14-day continuous period between January 1
and April 30 with a recurrence frequency of 30 percent (an
average of at least nine years in 30).
(1) Weather input files, required to run
DRAINMOD, shall consist of hourly rainfall
and daily temperature data collected over the
entire period of record but for at least a 30-
year period from the closest available
National Weather Service, or equivalent,
measuring station to the site. DRAINMOD
weather data files on file with the
Department shall be made available upon
request to the applicant or applicant's
consultants.
(2) Soil and Site inputs for DRAINMOD,
including a soils data file closest to the soil
series identified, depths of soil horizons,
hydraulic conductivity of each horizon,
depth and spacing of proposed drainage
features and surface storage and drainage
parameters, shall be selected in accordance
with procedures outlined in the
DRAINMOD User's Guide. DRAINMOD
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
840
soils data files on file with the Department
shall be made available upon request to the
applicant or applicant's consultants. Inputs
shall include:
(A) Soil input file with the soil
moisture characteristic curve and
data for the soil profile that is
closest to the described soil profile
that is present on the site;
(B) Soil horizon depths determined on
site;
(C) Site measured or proposed drain
depth and spacing, and drain outlet
elevation;
(D) In-situ saturated hydraulic
conductivity measurements for at
least three representative locations
on the site and at each location for
at least three most representative
soil horizons within five feet of the
surface. Conductivity
measurements shall be for one
representative soil horizon at or
above redoximorphic depletion
features and two representative soil
horizons at and below
redoximorphic concentration
features at each location on the site;
(E) All other model parameters based
upon the DRAINMOD User's
Guide, or other accepted values
consistent with the simulation
model; and
(F) A sensitivity analysis shall be
conducted for the following model
parameters:
(i) Soil input files for at least
two other most closely
related soil profiles;
(ii) Saturated hydraulic
conductivity of each of
horizons measured on-site;
(iii) Drain depth and spacing;
and
(iv) Surface storage and depth
of surface flow inputs.
The sensitivity analysis shall be used to
evaluate the range of soil and site
characteristics for choosing input parameters
related to the soil profiles, hydraulic
conductivity input values based upon the
range of hydraulic conductivity values
measured on the site, and inputs for surface
and subsurface drainage features based upon
the range of possible elevations and
distances that occur or may occur after
installation of improvements. The
sensitivity analysis shall establish which
parameters are most critical for
determination of the depth to soil wetness
condition. Conservative values for the most
critical parameters shall be used in applying
the model to the site.
(3) For sites designed to receive over 600
gallons per day, the soil wetness
determination using DRAINMOD shall take
into consideration the impact of wastewater
application on the projected water table
surface.
(4) The ground water simulation analysis shall
be prepared and submitted to the local health
department by individuals qualified to use
DRAINMOD by training and experience
and who are licensed or registered in North
Carolina if required in G.S. 89C
(Engineers), G.S. 89E (Geologists), and G.S.
89F (Soil Scientists). The local health
department shall submit the ground water
simulation analysis to the Department for
technical review prior to approval of the soil
wetness condition determination.
(h) A report of the investigations made for the Direct
Monitoring Procedure, Monitoring and Modeling Procedure or
Modeling Procedure pursuant to Paragraphs (e), (f), or (g) of
this Rule shall be prepared prior to approval of the soil
wetness condition determination. Reports prepared by a
licensed or registered professional shall bear the professional
seal of the person(s) whom conducted the investigation
(Engineer, Geologist, Soil Scientist or Registered Sanitarian).
A request for technical review of the report by the Department
shall include digital copies of monitoring data and digital
copies of model inputs, output data, and graphic results, as
applicable.
(j) Where the site is UNSUITABLE with respect to soil
wetness conditions, it may be reclassified PROVISIONALLY
SUITABLE if a modified, alternative or innovative system can
be installed in accordance with 15A NCAC 18A .1956, .1957,
or .1969.
Authority G.S. 130A-335(e).
15A NCAC 18A .1969 APPROVAL AND
PERMITTING
OF ON-SITE SUBSURFACE WASTEWATER
SYSTEMS,
TECHNOLOGIES, COMPONENTS, OR DEVICES
Expermintal and innovative Experimental, controlled
demonstration, innovative, and accepted wastewater systems
(hereinafter referred to as E & I systems) I) systems are any
wastewater systems, system components, or devices that are
not specifically described in Rules .1955, .1956, .1957, or
.1958 of this Section, including any system for which
reductions are proposed in the minimum horizontal or vertical
separation requirements or increases are proposed to the
maximum long-term acceptance rates of this Section Section;
or any E & I systems as defined by G.S. 130A-343(a) and
approved pursuant to applicable Laws and this Rule. This Rule
shall provide for the approval and permitting of E & I systems.
(1) An application shall be submitted in writing
to the State for an E & I system. The
application shall include the following, as
applicable:
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
841
(a) specification of the type of
approval requested as either
innovative, controlled
demonstration, experimental
experimental, accepted or both; a
combination;
(b) description of the system, including
materials used in construction, and
its proposed use;
(c) summary of pertinent literature,
published research, and previous
experience and performance with
the system;
(d) results of any available testing,
research or monitoring of pilot
systems or full-scale operational
systems conducted by a third party
research or testing organization;
(e) identity and qualifications of any
proposed research or testing
organization and the principal
investigators, and an affidavit
certifying that the organization and
principal investigators have no
conflict of interest and do not stand
to gain financially from the sale of
the E & I system;
(f) objectives, methodology, and
duration of any proposed research
or testing;
(g) specification of the number of
systems proposed to be installed,
the criteria for site selection, and
system monitoring and reporting
procedures;
(h) operation and maintenance
procedures, system classification,
proposed management entity and
system operator;
(i) procedure to address system
malfunction and replacement or
premature termination of any
proposed research or testing; and
testing;
(j) notification of any proprietary or
trade secret information, system,
component, or device. device; and
(k) Fee payment as required by G.S.
130A-343(k), by corporate check,
money order or cashier's check
made payable to: North Carolina
On-Site Wastewater System
Account or NC OSWW System
Account, and mailed to the On-Site
Wastewater Section, 1642 Mail
Service Center, Raleigh, NC
27699-1642 or hand delivered to
Rm. 1A-245, Parker Lincoln
Building, 2728 Capital Blvd.,
Raleigh, NC.
(2) The State shall review all applications
submitted and evaluate at least the
following:
(a) the completeness of the application,
and whether additional information
is needed to continue the review;
(b) whether the system meets the
standards of an innovative system
under Paragraph (3) of this Rule, or
whether the system meets the
standards of an experimental
system under Paragraph (4) of this
Rule, as applicable.
(3) INNOVATIVE SYSTEMS: Innovative
systems systems, technologies, components,
or devices shall be reviewed and approved
by the State, and the local health department
may shall permit innovative systems in
accordance with the following:
(a) The State shall approve the system
as an innovative system if the
following standards have been met;
(i) The system, shall have
been demonstrated to
perform equal or superior
to a system, which is
described in Rules .1955,
.1956, .1957, or .1958, of
this Section, based upon
controlled pilot-scale
research studies or
statistically-valid
monitoring of full-scale
operational systems.
(ii) Materials used in
construction shall be equal
or superior in physical
properties and chemical
durability, compared to
materials used for similar
proposed systems,
specifically described in
Rules .1955, .1956, .1957,
or .1958. of this Section.
(b) When a system is approved as
innovative by the State, the
applicant shall be notified in
writing. Such notice shall include
any conditions for permitting,
siting, installation, use, monitoring,
and operation.
(c) A local health department shall
issue an Improvement Permit and a
Construction Authorization for any
innovative system approved by the
State upon a finding that the
provisions of this Rule Section
including any conditions of the
approval are met. Use of an
innovative system and any
conditions shall be described on the
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
842
Improvement Permit, Permit and
the Certificate of Completion
Construction Authorization, or
Operation Permit.
(4) EXPERIMENTAL SYSTEMS: A system
may be approved for use as an experimental
system as part of a research or testing
program which has been approved by the
State. The research or testing program shall
be conducted by a third party research or
testing organization which has knowledge
and experience relevant to the proposed
research or testing and has no conflict of
interest and does not stand to gain
financially from the sale of the proposed
system.
(a) To be approved by the State, the
proposed research or testing
program shall include the
following:
(i) The research program
shall be designed such
that, if the objectives are
were met, the system
would satisfy the
standards for approval as
an innovative system
under Paragraph (3) of this
Rule.
(ii) Research design and
testing methodology shall
have a reasonable
likelihood of meeting the
objectives.
(b) The State shall notify the applicant
and the applicable local health
departments when the proposed
research or testing program has
been approved for an experimental
system. Such notice shall include,
but not be limited to, conditions for
permitting, siting, operation,
monitoring and maintenance, and
number of systems which can be
installed.
(c) A local health department may
shall issue an Improvement Permit
and Construction Authorization for
an experimental system when the
following conditions are met:
(i) There is an application for
an Improvement Permit in
accordance with Rule
.1937(c) of this Section,
with the proposed use of
an experimental system
specified.
(ii) The proposed site is
included as part of an
approved research or
testing program and any
conditions specified for
use of the system have
been met.
(iii) When an experimental
system is proposed to
serve a residence, place of
business or place of public
assembly, there shall be a
repair area using a non-experimental
backup
system in accordance with
the provisions of Rule
.1945(b) or an accepted
system of Rule .1969 of
this Section, except:
(A) When an existing
and properly
functioning
wastewater
system is
available for
immediate use,
including
connection to a
public or
community
wastewater
system; or
(B) When the
experimental
system is used as
a repair to an
existing
malfunctioning
system; or
(C) When the
experimental
system is to serve
a vehicular,
portable structure
built on a chassis
and designed to
be used as a
residence, place
of business, or
place of public
assembly without
a permanent
foundation, in
which case
sufficient
available space
shall be reserved
for the
installation of a
replacement
system at least
equal to the
initial
experimental
system.
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
843
(iv) When an experimental
system is proposed which
shall not serve a residence,
place of business, or place
of public assembly, a
repair area or backup
system shall not be
required.
(v) The application for an
experimental system shall
include statements that the
property owner is aware of
its experimental nature,
that the local health
department and State do
not guarantee or warrant
that these systems will
function in a satisfactory
manner for any period of
time, and that use of the
system may need to be
discontinued if the system
malfunctions and is found
to be non-repairable, or if
the proposed research or
testing program is
prematurely terminated.
Such statements shall be
signed by the owner.
(vi) The owner of the site on
which an experimental
system is proposed shall
execute a easement
granting rights of access to
the system at reasonable
hours for monitoring and
evaluation to the research
or testing organization.
This easement shall
specify that it is granted
for the purposes of
researching and testing an
experimental wastewater
system and shall remain
valid as long as the system
is to be part of the
proposed research or
testing program. The
easement shall be
recorded with the county
register of deeds.
(vii) Provisions shall be made
for operation and
maintenance of the
system.
(viii) Any special conditions
required for the
installation of the
experimental system shall
be specified in the
Improvement Permit. and
the Construction
Authorization. Use of an
experimental system and
any conditions shall be
described on the
Improvement Permit
Permit, Construction
Authorization and any
subsequent operation
permits, with provisions
for a repair area and
backup system specified.
A condition of the
Improvement Permit and
Construction
Authorization shall be that
the installation be under
the direct field supervision
of the research or testing
organization.
(ix) The proposed
Improvement Permit
Permit, Construction
Authorization and any
subsequent operation
permits for experimental
systems shall be reviewed
by the State and found to
be consistent with the
approved research or
testing program prior to
issuance by the local
health department.
(d) Upon completion of the installation
and prior to use, an Experimental
System Operation Permit (ESOP)
shall be issued by the local health
department. The ESOP shall be
valid for a specified period of time
not to exceed five years. Special
maintenance, monitoring and
testing requirements shall be
specified as permit conditions, in
accordance with the approved
research or testing program.
Failure to carry out these
conditions shall be grounds for
permit suspension or revocation.
(e) Prior to expiration of the ESOP and
based upon satisfactory system
performance as determined during
the research or testing program, the
local health department shall issue
an Operation Permit. Premature
termination of the research or
testing program shall be grounds
for ESOP suspension or revocation.
(f) Upon completion of monitoring,
research and testing, the research or
testing organization shall prepare a
final report including
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
844
recommendations on future use of
the system. If the State determines
that the results indicate that the
standards of Paragraph (3) of this
Rule are met, the State shall
approve the use as an innovative
system.
(5) Any proposed changes or modifications in
the E & I system shall be submitted for
review and approval by the State.
(6) The State shall may modify, suspend or
revoke the approval of an E & I system upon
a finding as follows: as provided for in G.S.
130A-343(c).
(a) The information submitted in the
application is falsified The E & I
system approval shall be modified
as necessary to comply with
subsequent changes in Laws or
Rules which affect their approval.
(b) The approval of an E & I system
may be modified, suspended or
revoked upon a finding as follows:
(i) subsequent experience
with the system results in
altered conclusions about
system performance
performance, reliability, or
design design;
(ii) the system or component
fails to perform in
compliance with
performance standards
established for the system;
or
(iii) the system or component
or the E & I system
applicant fails to comply
with wastewater system
Laws, Rules or conditions
of the approval.
(7) Modification, suspension Suspension or
revocation of an E & I System approval
shall not affect systems previously installed
pursuant to the approval.
(8) Reductions in total nitrification trench
length allowed for E & I systems, as
compared to the system sizing requirements
delineated in Rule .1955 of this Section for
conventional systems based upon excavated
trench width, apply only to drainfields
receiving septic tank effluent of domestic
strength or better quality. The system may
be used for facilities producing higher
strength wastewater with nitrification trench
length and trench bottom area determined
based upon excavated trench width equal to
what is required by Rule .1955 of this
Section for a conventional gravel trench
system , with no reduction or application of
an equivalency factor. However, reductions
up to 25 percent when allowed for approved
innovative or accepted system models may
be applied for facilities producing higher
strength wastewater following a specifically
approved pretreament system designed to
assure effluent strength equal to or better
than domestic septic tank effluent, with a
BOD less than 150 mg/l, TSS less than 100
mg/l and FOG less than 30 mg/l.
(9) A Performance Warranty shall be provided
by the manufacturer of any approved
innovative or accepted wastewater system
(warranty system) handling untreated septic
tank effluent which allows for a reduction in
the total nitrification trench length of more
than twenty-five percent as compared to the
total nitrification trench length required for a
36-inch wide conventional wastewater
system, pursuant to G.S. 130A-343(j). The
Department shall approve the warranty
when found in compliance with the
applicable Laws and these Rules. When a
warranty system is proposed to serve a
residence, place of business, or place of
public assembly, the site shall include a
repair or replacement area in accordance
with Rule .1945(b) of this Section or an
innovative or accepted system approved
under this Rule with no more than a 25
percent reduction in excavated trench
bottom area.
(a) The Manufacturer shall provide the
approved Performance Warranty in
effect on the date of the Operation
Permit issuance to the owner or
purchaser of the system. The
warranty shall be valid for a
minimum of five-years from the
date the warranty system is placed
into operation.
(b) The Manufacturer shall issue the
Performance Warranty to the
property owner through its
authorized installer who shall sign
the Performance Warranty
indicating the system has been
installed in accordance with the
manufacturer’s specifications, any
conditions of the system approval
granted by the Department, and all
conditions of the Authorization to
Construct a Wastewater System by
the local health department. The
installer or contractor shall
promptly return a copy of the
signed Performance Warranty to
the Manufacturer indicating the
physical address or location of the
facility served by the warranty
system, date the system was
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
845
installed or placed into use, and
type and model of system installed.
(c) The Performance Warranty shall
provide that the manufacturer
furnishes all materials and labor
necessary to replace a
malfunctioning warranty system as
defined in Rule .1961(a) of this
Section or a warranty system that
failed to meet any performance
conditions of the approval with a
fully functional wastewater system
at no cost to the Owner, in
accordance with this Section and
applicable Laws.
(d) Performance Warranty repairs such
as full replacement of the
nitrification system, extension of
the nitrification system or other
repairs shall be completed pursuant
to a repair Authorization to
Construct that is issued by the local
health department in accordance
with this Section.
(e) The Performance Warranty shall be
attached to the Operation Permit
issued by the Health Department
for the wastewater system. The
Performance Warranty remains in
effect, notwithstanding change in
ownership, to the end of the five-year
warranty period.
(10) Manufacturers of proprietary systems
approved under this Rule shall provide a list
of manufacturer's authorized installers to the
Department and applicable local health
departments, and update this list whenever
there are additions or deletions. No
Operation Permit shall be issued for a
proprietary system installed by a person not
authorized by the Manufacturer, unless the
Manufacturer of the proprietary system
specifically approves the installation in
writing.
Authority G.S. 130A-335(e),(f); 130A-343.
TITLE 21 – OCCUPATIONAL LICENSING BOARDS
CHAPTER 14 - BOARD OF COSMETIC ART
EXAMINERS
Notice is hereby given in accordance with G.S. 150B-21.2 that
the NC State Board of Cosmetic Art Examiners intends to
adopt the rules cited as 21 NCAC 14R .0101-.0104, amend the
rules cited as 21 NCAC 14A .0101; 14B .0603; 14J .0206,
.0501; 14P .0108, .0113, and repeal the rules cited as 21
NCAC 14Q .0101-.0106, .0108-.0110.
Proposed Effective Date: April 1, 2004
Public Hearing:
Date: December 18, 2003
Time: 10:00 a.m.
Location: NC State Board of Cosmetic Art, 1201-110 Front
St., Raleigh, NC
Reason for Proposed Action: To make changes in the school
curriculum and continuing education.
Procedure by which a person can object to the agency on a
proposed rule: Persons may submit objections to these
proposed rules by contacting Dee Williams, NC State Board of
Cosmetic Art Examiners, 1201-110 Front St., Raleigh, NC
27609
Written comments may be submitted to: Dee Williams, NC
State Board of Cosmetic Art Examiners, 1201-110 Front St.,
Raleigh, NC 27609, (919) 733-4117, ext. 222, fax (919) 733-
4127, and email wdee17@yahoo.com.
Comment period ends: January 30, 2004
Procedure for Subjecting a Proposed Rule to Legislative
Review: Any person who objects to the adoption of a
permanent rule may submit written comments to the agency.
A person may also submit written objections to the Rules
Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided
in G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the 6th business day preceding
the end of the month in which a rule is approved. The
Commission will receive those objections by mail, delivery
service, hand delivery, or facsimile transmission. If you have
any further questions concerning the submission of objections
to the Commission, please call a Commission staff attorney at
919-733-2721.
Fiscal Impact
State
Local
Substantive (>$3,000,000)
None
SUBCHAPTER 14A - DEPARTMENTAL RULES
SECTION .0100 - ORGANIZATIONAL RULES
21 NCAC 14A .0101 DEFINITIONS
The following definitions apply in this Chapter:
(1) "Beauty Establishment" refers to both
cosmetic art schools and cosmetic art shops.
(2) "Cosmetology School" is any cosmetic art
school which teaches cosmetic art as defined
by, G.S. 88B-2(5), but is not a manicurist or
an esthetics school.
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
846
(3) "Cosmetology Student" is a student in any
cosmetic art school whose study is the full
curriculum.
(4) "Manicurist School" is a cosmetic art school
that teaches only the cosmetic arts of
manicuring.
(5) "Manicurist Student" is a student in any
cosmetic art school whose study is limited to
the manicurist curriculum set forth in 21
NCAC 14K .0102.
(6) "Successful Completion" is the completion
of an approved cosmetic art curriculum with
a minimum grade of "C" or 70%, whichever
is deemed as passing by the cosmetic art
school.
(7) "Esthetician School" is any cosmetic art
school which teaches only the cosmetic arts
of skin care.
(8) "Esthetician Student" is a student in any
cosmetic art school whose study is limited to
the esthetician curriculum set forth in 21
NCAC 14O. 0102.
(9) "Esthetics" refers to any of the following
practices: giving facials, applying makeup,
performing skin care, removing superfluous
hair from the body of any person by the use
of depilatories, tweezers or waxing, or
applying eyelashes to any person (this is to
include brow and lash color), beautifying the
face, neck, arms or upper part of the human
body, by use of cosmetic preparations,
antiseptics, tonic, lotions or creams,
massaging, cleaning, or stimulating the face,
neck, ears, arms, hands, bust, torso, legs or
feet, by means of the hands, devices,
apparatus, or appliances, with the use of
cosmetic preparations, antiseptics, tonics,
lotions or creams.
(10) Natural Hair Braiding. Natural hair braiding
is a service that results intension on hair
strands or roots by twisting, wrapping,
weaving, extending, locking, or braiding by
hand or mechanical device, provided that the
service does not include hair cutting or the
application of dyes, reactive chemicals, or
other preparations to alter the color of the
hair or to straighten, curl, or alter the
structure of the hair.
(11) Natural Hair Styling. Natural hair styling is
the provision of natural hair braiding
services together with any of the services or
procedures defined within the regulated
practice of cosmetic art, and is subject to
regulation pursuant to this chapter, and those
persons practicing natural hair styling shall
obtain and maintain a cosmetologist license
as applicable to the services offered or
performed. Establishments offering natural
hair styling services shall be licensed as
cosmetic art shops.
(12) Biennial licensing period. Biennial
licensing period means the two-year period
beginning on the first day of October of an
even-numbered year and ending on the 30th
day of September of an even-numbered
year.
(13) Provider. Provider means a nonprofit
professional cosmetic art association,
community college or high school,
vocational school, postsecondary proprietary
school of cosmetic art licensed by the Board,
manufacturer of supplies or equipment used
in the practice of cosmetic art, the State
Board or an agent of the State Board, any
individual or entity which owns and operates
five or more licensed salons, or that employs
at least 50 licensees. Any individual or
entity not meeting this definition may
petition the Board for review and approval
from the Board in order to be considered a
provider.
Authority G.S. 88B-2: 88B-4.
SUBCHAPTER 14B - RULE-MAKING PROCEDURES
SECTION .0600 – FEES
21 NCAC 14B .0603 POSTAGE AND HANDLING
There shall be a five dollar($5.00) ten dollar ($10.00) charge
for postage and handling for all mailings.
Authority G.S. 12-3.1; 150B-19.
SUBCHAPTER 14J - COSMETOLOGY CURRICULUM
SECTION .0200 - ADVANCED DEPARTMENT
21 NCAC 14J .0206 EQUIPMENT IN ADVANCED
DEPARTMENT
The advanced department must be equipped with the
following minimum equipment in the department:
(1) 20 to 29 stations, two manicure tables and
stools, 30 or more stations, 4 manicure
tables and stools;
(2) 20 to 29 stations, 10 eight dryers and chairs,
30 or more stations, 15 12 dryers and chairs;
(3) eight shampoo bowls and chairs;
(4) 20 dressing tables and styling chairs;
(5) 20 to 29 stations, one facial chairs, 30 or
more stations, two facial chairs;
(6) three marcel heaters; and
(7) three marcel irons.
Authority G.S. 88-23.
SECTION .0500 - CREDIT FOR COSMETOLOGY
STUDY OUTSIDE OF NORTH CAROLINA
21 NCAC 14J .0501 APPROVAL OF CREDIT FOR
COSMETOLOGY INSTRUCTION/ANOTHER STATE
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
847
(a) An applicant may receive credit for instruction taken in
another state if the conditions set forth in the Rule are met.
(b) The applicant’s record shall be certified by the state
agency or department that issues licenses to practice in the
cosmetic arts. If the agency or department does not maintain
any student records or if the state does not give license to
practice in the cosmetic arts, then the records may be certified
by any state department or state agency that does maintain
such records and is willing to certify their accuracy. If no state
department or board will certify the accuracy of the student’s
records, then the Board shall review the student’s records on a
case-by-case basis.
(c) If the requirements of Paragraph (b) of the Rule are met,
then the Board will give credit for hours of course work and
for mannequin and live model performances to the extent
certified, up to the amount of credit that the student would
receive for instruction in a school licensed by the Board. If the
certification includes only total hours and does not specify
what performances have been completed, the Board will not
give any credit for performances completed as part of the out-of-
state instruction. If the certification shows that a state board
examination was not taken, then a N. C. state board
examination will be required.
Authority G.S. 88B-12; 88B-13.
SUBCHAPTER 14P - CIVIL PENALTY
21 NCAC 14P .0108 REVOCATION OF LICENSES
AND OTHER DISCIPLINARY MEASURES
(a) The presumptive civil penalty for allowing unlicensed
practitioners to practice in a licensed cosmetic art shop is:
(1) 1st offense $250.00
(2) 2nd offense $500.00
(3) 3rd offense $1,000.00
(b) The presumptive civil penalty for practicing cosmetology,
manicuring or esthetics with a license issued to another person
is:
(1) 1st offense $300.00
(2) 2nd offense $500.00
(3) 3rd offense $1,000.00
(c) The presumptive civil penalty for altering a license, permit
or authorization issued by the Board is:
(1) 1st offense $300.00
(2) 2nd offense $400.00
(3) 3rd offense $500.00
(d) The presumptive civil penalty for submitting false or
fraudulent documents:
(1) 1st offense $500.00
(2) 2nd offense $800.00
(3) 3rd offense $1,000.00
(e) The presumptive civil penalty for refusing to present
photographic identification:
(1) 1st offense $100.00
(2) 2nd offense $250.00
(3) 3rd offense $500.00
(f) The presumptive civil penalty for advertising by means of
knowingly false or deceptive statement:
(1) 1st offense warning ($300.00)
(2) 2nd offense $400.00
(3) 3rd offense $500.00
(g) The presumptive civil penalty for permitting an individual
to practice cosmetic art with an expired license.
(1) 1st offense warning
($300.00)
(2) 2nd offense $400.00
(3) 3rd offense $500.00
(h) The presumptive civil penalty for practicing or attempting
to practice by fraudulent misrepresentation:
(1) 1st offense $500.00
(2) 2nd offense $800.00
(3) 3rd offense $1000.00
(i) The presumptive civil penalty for the illegal use of
equipment or Methyl Methacrylate Monomer (MMA) in a
cosmetic art shop or school is:
(1) 1st offense $300.00
(2) 2nd offense $500.00
(3) 3rd offense $1000.00
Authority G.S. 88B-4; 88B-24; 88B-29.
21 NCAC 14P .0113 OPERATIONS OF SCHOOLS
OF COSMETIC ART
(a) The presumptive civil penalty for failure to record
student’s hours of daily attendance is:
(1) 1st offense warning ($100.00)
(2) 2nd offense $200.00
(3) 3rd offense $300.00
(b) The presumptive civil penalty for failure to report
withdrawal or graduation of a student within 30 working days
is:
(1) 1st offense warning ($50.00)
(2) 2nd offense $100.00
(3) 3rd offense $200.00
(c) The presumptive civil penalty for failure to submit
cosmetology enrollments within 30 working days or
manicurist and esthetician enrollments within 15 working days
is:
(1) 1st offense warning ($50.00)
(2) 2nd offense $100.00
(3) 3rd offense $200.00
(d) The presumptive civil penalty for failure to display a copy
of the sanitary rules is:
(1) 1st offense warning ($50.00)
(2) 2nd offense $100.00
(3) 3rd offense $200.00
(e) The presumptive civil penalty for failure to post consumer
sign “Cosmetic Art School - Work Done Exclusively by
Students” is:
(1) 1st offense warning ($50.00)
(2) 2nd offense $100.00
(3) 3rd offense $200.00
(f) The presumptive civil penalty for allowing a cosmetic art
shop to operate within a cosmetic art school is:
(1) 1st offense $200.00
(2) 2nd offense $400.00
(3) 3rd offense $600.00
(g) The presumptive civil penalty for a cosmetic art school
that is not separated from cosmetic art shop and/or other
business by a solid wall, floor to ceiling, with an separate
entrance and a door that stays closed at all time is:
(1) 1st offense $200.00
PROPOSED RULES
18:11 NORTH CAROLINA REGISTER December 1, 2003
848
(2) 2nd offense $400.00
(3) 3rd offense $600.00
Authority G.S. 88B-4; 88B-16; 88B-29.
SUBCHAPTER 14Q - CONTINUING EDUCATION
SECTION .0100 - TEACHER CONTINUING
EDUCATION
21 NCAC 14Q .0101 TEACHER CONTINUING
EDUCATION
(a) Teacher's continuing education (CE) programs shall be
approved by the NC State Board of Cosmetic Art Examiners
(Board), if they meet the rules adopted by the Board. Each
program shall be conducted and monitored by one of the
following statewide organizations in conjunction with the
Board:
(1) National Cosmetology Association of North
Carolina;
(2) High School Cosmetology Educators of
North Carolina;
(3) NC State Beauticians and Cosmetologists
Association;
(4) Cosmetologist Instructors Association of the
NC Community College System;
(5) NC Private School Owners Association; or
(6) NC Aestheticians Association.
Note: If a provider is associated with or a member of any of
the preceding associations, they may be approved.
(b) Any other group or association who can present a program
meeting the criteria in Paragraph (c) of this Rule to the Board,
shall be eligible to conduct a program.
(c) The Continuing Education Program shall meet the
following criteria for approval:
(1) all seminars must include at least 50% of
subject matter in the cosmetic arts and/or
teacher training techniques. Esthetician
teachers and manicurist teachers must
complete CE only in that area in which they
are licensed. CE must not promote a
particular system or product;
(2) all seminars shall be monitored by the
responsible organization including signing
in and out of participants to assure the
presence of participants for the required
contact hours; and
(3) all organizations/providers shall present to
the Board Curriculum Committee, no earlier
than July 1, 2002 and no later than August
30th of each year, a program outline which
shall include, but may not be limited to, the
following:
(A) Date;
(B) Time;
(C) Place;
(D) Instructors Name(s);
(E) Course outline including lesson
plans;
(F) List of monitors; and
(G) Fees.
Programs approved by the Curriculum Committee will be
submitted to the Board during their October meeting for full
approval. Programs will be approved through September 30th
of the following year.
Authority G.S. 88B-4; 88B-21(e).
21 NCAC 14Q .0102 ATTENDANCE
VERIFICATION
All providers shall complete an attendance verification form,
provided by the Board, verifying participant attendance.
(1) The monitor shall verify the participants'
attendance and signature on the verification
form.
(2) Each provider shall mail completed forms to
the Board Operations Officer.
(3) The forms shall be kept on record with the
Board as verification that the participant has
met the Continuing Education requirements.
(4) All participants shall receive from the
Board, a Continuing Education Unit (CEU)
certificate proving verification.
Authority G.S. 88B-4; 88B-21(e).
21 NCAC 14Q .0103 CERTIFICATING AGENT
The Board shall serve as the certificating agent providing CEU
certificates for participants when the following conditions are
met:
(1) The progr